how much authority does congress have on the attorney general

by Mr. Lonny Ward DDS 9 min read

What are the powers and responsibilities of Attorneys General?

Learn more about the powers and responsibilities of attorneys general. The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the Office of the Attorney General?

The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General.

What are the functions of the state and federal attorneys-general?

Functions of the state and federal attorneys-general include the administration of the selection of persons for nomination to judicial posts, and authorizing prosecutions.

What does Congress have the authority to investigate?

What, Exactly, Does Congress Have the Authority To Investigate? Simply put, almost anything. Although the Constitution does not expressly authorize Congress to conduct investigations, Congress – and the courts – have long recognized that Congress has an inherent, constitutional prerogative to conduct investigations.

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Does Congress have to approve the attorney general?

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

Who oversees the US attorney general?

The U.S. Attorney General is nominated by the President and confirmed by the Senate.

Does the US attorney general have power over 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.

What power does the US attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who does the attorney general of New York report to?

The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York.

Who is head of Dept of Justice?

Attorney General GarlandMeet the Attorney General As the nation's chief law enforcement officer, Attorney General Garland leads the Justice Department's 115,000 employees, who work across the United States and in more than 50 countries worldwide.

Is FBI part of DOJ?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

What does the attorney general do?

The Attorney General is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. The Attorney General defends the constitutionality of Bills referred to the Supreme Court under Article 26 of the Constitution.

What is the title of the lawyer who represents the federal government before the Supreme Court?

The United States solicitor generalThe United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court.

Who can remove the Attorney General?

the PresidentHe can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

Who appoints the US attorney for the Southern District of New York?

On Tuesday, Mr. Williams, 41, was confirmed by the Senate to be the next United States attorney for the Southern District of New York — a position whose occupants have included future judges, senators, cabinet members and a New York City mayor. The appointment would make Mr.

How many US attorneys are there?

93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

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.

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

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 the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

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.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is responsible for the administration of legal affairs in Trinidad and Tobago?

According to the Constitution of Trinidad and Tobago, the supreme law of the nation, The Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against the State shall be taken— (a) in the case of civil proceedings, in the name of the Attorney General; (b) in the case of criminal proceedings, in the name of the State.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

Which article of the Constitution gives Congress the power to impeach the President?

Article II of the Constitution grants Congress the power to impeach “the president, the vice president and all civil officers of the United States.” The phrase “civil officers” includes the members of the cabinet (one of whom, Secretary of War William Belknap, was impeached in 1876).

Who was the Attorney General of Nixon?

Nixon Attorney General John Mitchell was a central figure in the Watergate scandal and was convicted of conspiracy and obstruction of justice in 1975. He was out of office by then so there was no need for impeachment.

Can a federal judge be impeached?

I have to repeat a prior answer from a source that Article II of the Constitution grants Congress the power to impeach “the president, the vice president and all civil officers of the United States.” And it has been done once. Federal Judges can also be impeached and it has happened.

Can Congress impeach article 2?

Yes. Congress can impeach article 2 (who were confirmed by congress) and article 3 judges. Honestly they should be impeaching more than they do

Can Barr be impeached?

Yes, under the Constitution, they can. The current House can and would impeach Barr in a New York second. However, they know that the Republican Senate would not remove him.

Can the Attorney General be impeached?

So, to answer your question: Yes, the attorney general, and any other appointment official, can be impeached by congress.

Who has the power of impeachment?

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

What is the purpose of Congress's authority to conduct investigations?

Congress has the authority to conduct investigations “in aid of its legislative function.” That authority can extend to investigations for the purpose of deciding whether legislation is appropriate, to information gathering on matters of national importance, to oversight of federal departments and executive agencies. As a result, a congressional committee has broad discretion regarding both the scope of its investigation and the relevance of the information it requests.

Why are limits on congressional investigations tied to the limits on Congress's constitutional authority?

Because Congress’s authority to investigate is tied to its authority to legislate, limits on congressional investigations are necessarily linked to the limits on Congress’s constitutional authority. For example, Congress has no general authority to investigate the purely private affair of an ordinary citizen.

What is the doctrine of separation of powers?

The doctrine of separation of powers also places limits on congressional authority to investigate. Congress cannot, under the guise of an investigation, usurp the power of another branch of government. It cannot investigate matters where the means of redress is purely judicial.

When was the first congressional investigation?

In fact, the first congressional investigation occurred as early as 1792 , when the House of Representatives convened a committee to investigate the defeat of General Arthur St. Clair in the Battle of the Wabash in what was then known as the Northwest Territory (and now known as Ohio).

Can Congress investigate the President's discretion?

Nor can Congress investigate matters committed to the President’s discretion. For example, Congress could not undertake an investigation to determine an individual’s entitlement to a pardon because the Constitution granted the pardon power to the President, not Congress.

Does the DOJ run parallel to the congressional investigation?

No matter which branch of government moves first to investigate, however, the end result is that a congressional investigation often will run parallel to a criminal investigation.

Does the Constitution authorize Congress to conduct investigations?

Although the Constitution does not expressly authorize Congress to conduct investigations, Congress – and the courts – have long recognized that Congress has an inherent, constitutional prerogative to conduct investigations.

Who protects judges?

Additionally, the Marshals Service has the authority to protect federal judges, including judges on the Supreme Court, U.S. attorneys and in rare cases, high-profile criminals and witnesses who may testify against dangerous criminals.

How many people does the Secret Service protect?

Currently, the Secret Service provides protection to over 40 individuals on a full time bases and can provide temporary protection of almost 200 individuals -- as happens every September during the United Nations General Assembly in New York City.

What is the role of the Marshals Service?

The Marshals Service has broad legal authority to provide protection for almost anyone not given specific protection by law, hence their ability to provide protection for the secretary of education.

What is executive protection?

In the United States, executive protection is provided by an array of federal entities whose mission is to ensure their charges are kept free from harm. Often, though, the overlapping federal gamut becomes confusing as different agencies perform what many perceive as a similar function but for different people.

Why is the CIA protected?

The CIA director and some of their deputies, as well as the director of national intelligence, are also provided personal protection due to the nature of what they do and threats.

Who does the FBI protect?

The FBI operates the protective detail for the attorney general of the United States and also others as requested by DOJ. The attorney general is the FBI's only permanent personal protective mission. In some limited ways, the FBI may also perform personal protection on high-profile witnesses or victims.

Who was the 37th president of the United States?

Bettmann Archive/Getty Images. President Richard Nixon and First Lady Pat Nixon in the presidential limousine, surrounded by secret service after taking the oath of office as the 37th President of the United States, Jan. 20, 1969. (MORE: How the Secret Service handles threats against the president: ANALYSIS)

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Overview

History

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the U…

Presidential transition

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. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

Line of succession

U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General

See also

• Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"

Overview

In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen ) 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, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies betwee…

Etymology

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of England in the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Attorneys-general in common law and hybrid jurisdictions

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.
In Australia, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General. …

Similar offices in non-common law jurisdictions

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.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Minister for a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote