attorney general vs supreme court justice who is higher rank

by Merritt Macejkovic 10 min read

Who has more power the Attorney General or the Supreme Court?

United States Supreme Court decisions directly affect attorney general offices’ ability to enforce state laws and defend government officials’ conduct. Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.

What is the difference between Attorney General and Chief Justice?

Sep 02, 2009 · The difference between a US Supreme Court justice and the US Attorney General is somewhat analogous to the difference between a judge and a district attorney. The Attorney General is the chief law ...

What is the highest position in the judicial branch under law?

Seen in this light, the Chief Justice is the higher position obviously since the CJ heads the entire judicial system whereas the AG is only the principal legal advisor to the government (or a certain ruling po. Continue Reading. Chief Justice is the highest …

How are attorneys general chosen?

1, Tennessee, is appointed by the State Supreme Court to serve a term of eight years. 1, Virginia, has a provision specifying an individual can serve as attorney general for an unlimited number of terms. Budgets and Official Compensation Budget. The difference in budgets for the offices across the states reaches $735,982,631.

image

Who has authority over Supreme Court justices?

the President of the United StatesArticle II, Section 2 of the U.S. Constitution gives the President of the United States the authority to nominate Supreme Court justices, and they are appointed with the advice and consent of the Senate.

Who is the highest rank in court?

Chief Justice of the United StatesChief Justice of the United StatesSupreme Court of the United StatesStyleMr. Chief Justice (informal) Your Honor (within court) The Honorable (formal)StatusChief justiceMember ofFederal judiciary Judicial Conference Administrative Office of the Courts10 more rows

Who is the boss of the U.S. Attorney General?

United States Attorney GeneralIncumbent Merrick Garland since March 11, 2021United States Department of JusticeStyleMr. Attorney General (informal) The Honorable (formal)Member ofCabinet National Security Council13 more rows

Is the Supreme Court the highest authority?

The Supreme Court of the United States, established in 1789, is the highest federal court in the United States, with powers of judicial review first asserted in Calder v. Bull (1798) in Justice Iredell's dissenting opinion. The power was later given binding authority by Justice Marshall in Marbury v.

Who is Chief Justice of Supreme Court?

John G. Roberts, Jr., Chief Justice of the United States, was born in Buffalo, New York, January 27, 1955.

Who has been on the Supreme Court the longest?

Associate Justice Clarence ThomasAssociate Justice Clarence Thomas is the longest-serving of the justices, having sat on the Supreme Court for more than thirty years . Thomas is known as something of a conservative maverick – and his tenure has been partly defined by a readiness to stand alone.Apr 3, 2022

How many attorney generals are there in the US?

Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term. 11 face a two term limit, otherwise unspecified.

Who is the DOJ now?

Merrick GarlandThe current attorney general is Merrick Garland, who was sworn in on March 11, 2021....United States Department of Justice.Agency overviewMotto"Qui Pro Domina Justitia Sequitur" (Latin: "Who prosecutes on behalf of justice (or the Lady Justice)"Employees113,114 (2019)Annual budget$29.9 billion (FY 2019)9 more rows

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Can a Supreme Court justice be removed by the President?

The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.

What are the 3 powers of the Supreme Court?

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction ...

What is the highest law of the United States?

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...

Who sided with the liberal justices against the other conservatives?

Texas Division, Sons of Confederate Veterans (6/18/15), Thomas sided with the liberal justices against the other conservatives (5-4), approving Breyer’s opinion that the state of Texas was within its rights to reject a specialty license plate featuring an image of the Confederate flag. (See Breyer’s capsule below.)

What did Haymond write for the 5-4 majority?

Haymond (6/26/19), he wrote for the 5-4 majority (himself and the four liberals), overturning the lower court’s denial of a trial by jury to a man convicted a second time of carrying child pornography. (Rightfully: a new crime demands a new trial, no matter how despicable the offense.

Is the Supreme Court correct to uphold Trump's order?

Nonetheless, the conservative majority was correct to uphold Trump ’s order. The Supreme Court has no power to second-guess the president’s executive decisions, no matter how disagreeable, only to decide if the president’s decisions are constitutional or not.

How are Attorney Generals chosen?

Attorneys general are chosen in four different ways; they are either popularly elected or appointed by the governor, the state legislature, or the state supreme court. The office is elective in 43 states and chosen by a state government organ in seven.

How many states elect their Attorney General?

Forty-three states publicly elect their attorneys general, reinforcing the office's relationship with, and direct accountability to, the people, in contrast with the Kings Attorneys of the past, whose singular service to their version of governors must have left those being governed wanting.

What are the criticisms of the Attorney General?

Among the chief criticisms of the office is that state attorneys general have strayed from their traditional defense-based lawyer role to assume a more proactive and political posture, often in ways that overstep the legal authority of the office and/or what would be historically recognized as the limits of institutional etiquette. In some cases, attorneys general look inward to test the bounds of their authority through involvement in state legislative matters, or by refusing to uphold state laws which they find to be in violation of an alternate, overarching ideological code, such as Pennsylvania AG Kathleen Kane 's stated refusal to enforce Pennsylvania's ban on same-sex marriage. Other times, AGs turn outward to reinterpret their function: In recent years, a number of cases have arisen where state attorneys general mounted coordinated efforts to challenge laws passed by the United States Congress or to exert influence over the outcome of pending federal legislation. The most prominent of these cases is the State Attorneys General Against the Patient Protection and Affordable Care Act of 2010, which saw 26 Republican AGs team up to instigate a lawsuit against the federal government following Congress' passage of President Obama's health care reform bill.

How many states have no law degree requirements?

Considering the myriad legal responsibilities carried by state attorneys general, it may surprise you to discover that a whopping 19 states have no set statutory or constitutional provisions requiring an individual to hold a law degree, or have a valid license to practice law, in order to serve in the office of attorney general.

How many states have a state resident requirement for an attorney general?

1, Oklahoma, sets the limit at 31. 1, Colorado, sets the limit at 27. 1, Mississippi, sets the limit at 26. State Citizen. 43 states have a formal provision stating an attorney general must be a state resident, while 7 do not have a formal provision. Of the 43 states, 24 specify the number of years and 19 do not.

What is the job of an attorney general?

The primary job of a state attorney general is to serve as chief legal adviser to the agencies and legislative organs that make up his or her state's government, in addition to the citizens residing within the state. It is this last common aspect of the role, ...

How many states have a qualified voter?

Qualified Voter. Thirty states have a formal provision stating an attorney general must be a qualified voter, while 20 do not have a formal provision. Of the 30 states, only 1, Oklahoma, specifies the number of years and 29 do not. Juris Doctor.

What is the second type of attorney general?

The second type of attorney-general ("procureur-generaal", while their replacements are called "advocaat-generaal") is an independent advisor to the Supreme Court . These people give an opinion on cases (called "conclusies") in any field of law (not just criminal law), supported by a scientific staff.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is a non common law office?

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

Why is the Maine governor suing the attorney general?

In Maine, the state’s governor is suing its attorney general for refusing to represent him in federal lawsuits. In Louisiana, the state attorney general has sued the governor over a four-million-dollar funding dispute.

Did the Governor's petition satisfy the grand jury?

The Court held that the Governor’s petition did not satisfy any of the exceptions governing the release of grand jury materials provided by Rhode Island law.

Do state governors and attorneys general clash?

When State Governors and Attorneys General Clash. State governors and attorneys general typically find themselves on the same side of the law. Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect ...

Will the governor appeal the Rhode Island case?

The Governor has not stated whether she will appeal the decision. The Rhode Island General Assembly is in any event poised to consider legislation that would deem any record created by the State Police or Attorney General’s Office related to the investigation a public record.

What is the difference between the Attorney General and the Solicitor General?

The Attorney General is the chief law officer of the state while the Solicitor General is the Deputy Law officer.

What is the role of the Attorney General?

In the U.S., the Attorney General is also the chief legal adviser to the executive branch of the government. This includes the president, government agencies, departments, and other executive offices. Cases brought against the state or the executive are typically filed in the name of the Attorney General.

What does the Solicitor General represent?

The Solicitor General too represents the government or state in legal actions. In the U.S., the Solicitor General is commonly associated with representing the government or state in federal courtroom proceedings. This means that the Solicitor General represents the Attorney General in court and argues the case on behalf of the state.

Is the Solicitor General the deputy of the Attorney General?

Once again, in most common law jurisdictions, the Solicitor General is typically considered the deputy of the Attorney General or the Assistant to the Attorney General. Thus, in jurisdictions such as the U.S. and U.K., the Solicitor General is the second high-ranking law officer in the country, or rather, the second-in-command after ...

Is the Attorney General more popular than the Solicitor General?

However, the Attorney General is more popular term out of the two. Thus, before proceeding to distinguish the two terms it is important to examine their definitions.

image