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by Ms. Elisa Kilback 7 min read

What does the United States Attorney General do?

The Constitution. The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief …

Who was the Attorney General during the Clinton administration?

Jul 01, 2021 · U.S. Attorney General Merrick Garland on Thursday imposed a moratorium on federal executions while the Justice Department continues its review of the death penalty, the department said in a statement.

Is the President a lawyer or a lawmaker?

May 07, 2015 · Until Holder’s announcement, U.S. attorneys general of both parties agreed that the Constitution’s command that the president “take Care that the Laws be …

Who is the most recent US Attorney General to die?

The attorney general is the chief law enforcement officer of the federal or a state government. The plural form is attorneys general. The U.S. Attorney General oversees the Department of Justice, represents the United States in litigation, and advises the President and heads of federal executive departments on legal matters. The U.S. Attorney General is nominated by the …

Who has the power to execute laws?

Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President's Cabinet — carry out the day-to-day administration of the federal government.

Who makes laws for the nation?

CongressCongress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives. Anyone elected to either body can propose a new law. A bill is a proposal for a new law.

What are the 3 branches of government and their responsibilities?

How the U.S. Government Is OrganizedLegislative—Makes laws (Congress, comprised of the House of Representatives and Senate)Executive—Carries out laws (president, vice president, Cabinet, most federal agencies)Judicial—Evaluates laws (Supreme Court and other courts)Jan 31, 2022

When the President executes and sees that our nation's laws are being carried out he is acting as?

The constitution states, "The executive power shall be vested in a President of the United States..." "Executive power" means the power to execute, or carry out, the nation's laws. The president carries out this duty as chief executive.

What is pocket veto of U.S. president?

A pocket veto occurs when Congress adjourns during the ten-day period. The president cannot return the bill to Congress. The president's decision not to sign the legislation is a pocket veto and Congress does not have the opportunity to override.

What is one way the President can check the power of the Supreme Court?

The president checks the power of the courts by appointing new judges. The power of the Supreme Court can swing greatly on a single appointment. The Congress has a part in this check as well because they must approve the president's appointment.

Which branch of government is most powerful?

In conclusion, The Legislative Branch is the most powerful branch of the United States government not only because of the powers given to them by the Constitution, but also the implied powers that Congress has. There is also Congress's ability to triumph over the Checks and balances that limits their power.

What branch collects taxes?

The Department of the Treasury collects taxes, recommends ways to help the economy, and manufactures coins and money. The Department of Defense is responsible for providing the military forces needed to protect the security of our country.

Which presidential power is a check on the authority of the judiciary?

Answer: The power to pardon is a presidential check on the authority of the judiciary. The president may grant pardons to all persons accused or convicted of federal crimes except that the president cannot undo a removal from office resulting from impeachment.

What does Federalist No 70 say?

70 argues in favor of the unitary executive created by Article II of the United States Constitution. According to Alexander Hamilton, a unitary executive is necessary to: ensure accountability in government. enable the president to defend against legislative encroachments on his power.

What is Article 4 Section 4 of the Constitution?

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

How long is residency for presidency?

No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. Section 3.

How many executions did the BOP do?

In the waning months of the administration of President Donald Trump, the Bureau of Prisons (BOP) carried out 13 executions, as the COVID-19 pandemic raged throughout the federal prison system and sickened some of the prisoners on death row and even some of their attorneys.

Is Joe Biden a Democrat?

President Joe Biden, a Democrat, pledged during his campaign to support legislation to end the death penalty. Garland has previously said he has concerns about the practice, though some criminal justice reform advocates have criticized the administration for not taking swift enough action.

Is there a moratorium on executions?

WASHINGTON, July 1 (Reuters) - U.S. Attorney General Merrick Garland on Thursday imposed a moratorium on federal executions while the Justice Department continues its review of the death penalty, the department said in a statement. "The Department of Justice must ensure that everyone in the federal criminal justice system is not only afforded ...

Definition

The chief law enforcement officer of the federal government or a state. The U.S. Attorney General represents the United States in litigation, oversees federal prosecutors, and advises the President and heads of federal, executive departments on legal matters.

Illustrative caselaw

See, e.g. Cuomo v. Clearing House Ass'n, L.L.C., 129 S.Ct. 2710 (2009).

Which court has rejected the authority of the President to refuse to enforce constitutional laws?

The Supreme Court and Presidential Power. The Supreme Court has squarely rejected the authority of the President to refuse to enforce constitutional laws. As early as the Court’s 1803 decision in Marbury v.

What is the take care clause in the Constitution?

This clause, known as the Take Care Clause, requires the President to enforce all constitutionally valid Acts of Congress, regardless of his own Administration’s view of their wisdom or policy.

What did Abraham Lincoln say about the best way to get a bad law repealed?

A‌braham Lincoln is often paraphrased as saying, “The best way ‌to get a bad law repealed is to enforce it strictly.”. While that paraphrase summarizes the gist of what Lincoln was saying, the full text of his remark is worth repeating. In 1838, early in his career, Abraham Lincoln delivered an address to the Young Men’s Lyceum of Springfield, ...

What is the duty of the courts?

It is the courts’ duty, too, to uphold reverence for the law, and it is the specific duty of the courts to call fouls when the lines of constitutional authority under the separation of powers established by the Constitution have been breached.

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.

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]

When was the first federal execution?

The first federal execution was that of Thomas Bird on June 25, 1790, due to his committing "murder on the high seas". The use of the death penalty in U.S. territories was handled by federal judges and the U.S. Marshal Service . Historically, members of the U.S. Marshals Service conducted all federal executions.

What is the method of execution of federal prisoners?

The method of execution of federal prisoners for offenses under the Violent Crime Control and Law Enforcement Act of 1994 is that of the state in which the conviction took place. If the state has no death penalty, the judge must select a state with the death penalty for carrying out the execution.

What is first degree murder?

First-degree murder within the special territorial and maritime jurisdiction of the United States:#N#Murder perpetrated by poison or lying in wait#N#Murder that is willful, deliberate, malicious, and premeditated#N#Murder in the perpetration of, or in the attempt to perpetrate, any arson, torture, escape, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery#N#Murder perpetrated as part of a pattern or practice of assault or torture against a child or children 1 Murder perpetrated by poison or lying in wait 2 Murder that is willful, deliberate, malicious, and premeditated 3 Murder in the perpetration of, or in the attempt to perpetrate, any arson, torture, escape, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery 4 Murder perpetrated as part of a pattern or practice of assault or torture against a child or children

What is capital punishment?

Capital punishment is a legal penalty under the United States federal government criminal justice system. It can be imposed for treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases. The federal government imposes and carries out a small minority ...

How many people have been executed by the military?

The United States military has executed 135 people since 1916. The most recent person to be executed by the military is U.S. Army Private John A. Bennett, executed on April 13, 1961, for child rape and attempted murder.

Who decides the death penalty?

In the federal system, the final decision to seek the death penalty rests with the United States Attorney General. This differs from states, where local prosecutors have the final say with no involvement from the state attorney general. The sentence is decided by the jury and must be unanimous.

When will pentobarbital be used again?

The Bureau of Prisons' acting director then scheduled 5 convicted death row inmates to be executed in December 2019 and January 2020. However, on November 20, 2019, U.S. District Judge Tanya S. Chutkan issued a preliminary injunction preventing the resumption of federal executions, because the plaintiffs in the case argued that the use of pentobarbital alone violated the Federal Death Penalty Act of 1994. The injunction was upheld by the U.S. Court of Appeals for the District of Columbia Circuit and, on December 6, 2019, by the United States Supreme Court, but it told the court of appeals to rule on the case "with appropriate dispatch". Justices Alito, Gorsuch, and Kavanaugh wrote that they believed the government would ultimately win the case and that they would have set a 60-day deadline for the court of appeals to finalize it. In January 2020, the Justice Department argued to the appeals court that when Congress declared that federal executions must be carried out "in the manner prescribed by the state" where inmates were convicted, it was referring to the general method of execution allowed in states, such as lethal injection, rather than the specific drugs to be used.

The President and The Take Care Clause

  • Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” This clause, known as the Take Care Clause, requires the President to enforce all constitutionally valid Acts of Congress, regardless of his own Administration’s view of their wisdom or policy. The clause imposes a duty on the Presi...
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Challenging The President’s Failure to Faithfully Execute The Laws

  • The stakes for inaction are high. The lawsuit will challenge the President’s failure to enforce key provisions of the law that has come to bear his name in the popular mind and was largely drafted in the White House. Unlike any other piece of major federal legislation enacted in at least 100 years—including the Federal Reserve Act, the National Labor Relations Act, the Social Security A…
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The Supreme Court and Presidential Power

  • The Supreme Court has squarely rejected the authority of the President to refuse to enforce constitutional laws. As early as the Court’s 1803 decision in Marbury v. Madison, the Court recognized Congress’s authority to impose specific duties upon executive branch officials by law, as well as the official’s corresponding obligation to execute the congressional directive. The Sup…
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Conclusion

  • The House of Representatives—the branch of our federal government closest to the people—has voted many times to repeal Obamacare, which remains as unpopular as ever, but the Senate and the President have ignored Americans’ dislike for the law. They have gotten away with ignoring it so far because the obverse of the paraphrase of Lincoln that “the best way to get a bad law repe…
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