under law if there is no attorney general who takes his place

Are attorneys general legally obliged to defend state law?

May 10, 2007 · One idea that seems to be gaining a following is to remove the Attorney General position from the president's cabinet, and depoliticize the position by appointing the AG for a fixed term of years that transcends the term of any one president. The FBI Director position works this way (as do some other important posts).

What happens if the Attorney General is removed from office?

Apr 22, 2020 · The Illinois Attorney General role was “[a]dapted constitutionally and legislatively over the years to meet the needs of a growing State.” But whether appointed or elected, the Illinois Attorney General has always been independent from, and not beholden to, the Illinois Governor. Attorney General William Barr and Lack of Independence. Attorney General William Barr is the …

Is the Attorney General the same in all 50 states?

Unlike the U.S. Attorney General, most state attorneys general are not part of a unified executive; typically they are neither subordinate to, nor serve at the pleasure of, the governor. 75 Only some states mandate that the attorney general work in conjunction with the governor. 76 Six states formally place the attorney general in the governor’s cabinet (Alaska, Arizona, Florida, Hawaii, …

Can a state attorney general refuse to defend a state law?

Feb 21, 2022 · “There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted,” said Attorney General Paxton. “The Texas Department of Family and Protective Services (DFPS) has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.”

When the the US Attorney General is absent or disabled and the deputy attorney general is also unavailable who is authorized to act in that office?

It states that when the office of Attorney General is vacant, the Deputy Attorney General “may exercise all the duties of that office”; that when the office of Deputy Attorney General is vacant, the Associate Attorney General “shall act as Attorney General”; and that the Attorney General “may designate the Solicitor ...Sep 17, 2007

Who comes after the attorney general?

United States Attorney GeneralSuccessionSeventhDeputyUnited States Deputy Attorney GeneralSalaryExecutive Schedule, Level IWebsitewww.justice.gov13 more rows

Who runs the Department of Justice?

Attorney General GarlandAs 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.

What is the purpose of the US Attorney General?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

Who appoints the attorney general of India?

the President of IndiaThe Attorney General for India is the Indian government's chief legal advisor, and is its principal Advocate before the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.

Who is the Attorney General of India current?

K. K. VenugopalArticle 76 and 78 deal with the Attorney General of India. The constitution has not fixed the remuneration of the AG. The current Attorney General is K. K. Venugopal.

Who oversees the FBI?

Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence.

Is the CIA part of the Department of Justice?

Unlike the Federal Bureau of Investigation (FBI), which is a domestic security service, the CIA has no law enforcement function and is officially mainly focused on overseas intelligence gathering, with only limited domestic intelligence collection.

Which department head is not a secretary?

Each department is headed by a "Secretary" of their respective department, with the exception of the Department of Justice, whose head is known as the "Attorney General".

What powers does the US attorney general have?

Attorney General Powers and ResponsibilitiesIssuing 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.More items...

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 created the Attorney General?

The Judiciary Act of 1789, passed by the First Congress and signed into law President George Washington, established the office of the attorney general. According the provisions made when creating the office, the United States attorney general would be appointed by the president of the United States.

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 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 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 happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What did Barr do to preserve the power of the Trump presidency?

In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur. Barr began his tenure last year by lying about the content of Special Counsel Robert Mueller’s report.

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

Why should the Justice Department not be politicized?

The Department of Justice should be arguing to uphold the law and the office should not be politicized due to presidential influence or pressure. The Justice Department is supposed to be an independent agency and not subject to the pressure of the executive branch.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

Who is in charge of the Justice Department?

The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are treated by law enforcement professionals across the country.

How many states elect their attorney generals?

As Tollen noted, “Forty-eight of our state governors cannot fire their AG at will, so they can’t avoid justice through control of state prosecutors.” Forty-three states elect their attorney generals.

When was the Office of the Attorney General established?

The Office of the Attorney General was established in 1789 as part of The Judiciary Act of 1789 . The Act, among other things, established the makeup of the Supreme Court and its exclusive jurisdiction and also the lower court structure. One of the powers the Act gave to the Supreme Court, writs of mandamus, was the subject of the famous Supreme Court case, Marbury v. Madison. The Judiciary Act of 1789 also established the Office of the Attorney General.

What does the state statute say about the attorney general?

109 Most state statutes provide that the attorney general is to represent (or appear on behalf of) the state or has a duty to represent it.

What is the duty of an attorney general?

One set of attorneys general has a duty to defend state law against state and federal challenges, while a second group has no duty to defend state law in such scenarios. A third cohort of attorneys general has a power (and in some cases a duty) to attack state statutes of dubious validity.

What are the differences between Republican and Democratic attorneys general?

Sharp differences between Republican and Democratic views about the propriety of same-sex marriage bans explain why Republican attorneys general claim that same-sex marriage bans must be defended and why many Democratic attorneys general ar gue that the duty to defend does not apply to same-sex marriage bans. 209 After all, Republican attorneys general really don’t all believe that all state laws must be defended; recall that some Republican attorneys general have refused to defend state domestic partnership registry laws and gun control measures. 210 Relatedly, we suspect that if a large number of Republican attorneys general stopped defending affirmative action plans or campaign finance laws, some Democratic attorneys general might vigorously criticize the nondefenses. Because Democratic and Republican politicians often seek to distance themselves from the opposite party by embracing polarizing policies, 211 we expect that Republican and Democratic attorneys general will continue to refuse to defend laws that frustrate their party’s diverging agendas.

What is meant by states and their officers?

The states, and their officers, were meant to be safeguards of a limited federal Constitution, not the front-line champions of federal power via candid confessions of federal supersession. Federal statutes are similarly indifferent as to whether attorneys general have a duty to concede the invalidity of state law.

What did Holder and others who favor same sex marriage imagine?

Holder and others who favor same-sex marriage imagined that the federal Constitution imposed a duty not to defend upon state officers or at least authorized non-defense. Attorneys general who opposed same-sex marriage imagined there was a uniform, almost “national” obligation to defend, without regard to state law.

What does refusal to defend mean?

For our purposes, a refusal to defend connotes (1) that the attorney general will not defend and (2) that the attorney general’s decision is predicated on her interpreting the state constitution, the federal constitution, or a higher court ruling (typically the U.S. Supreme Court or state supreme court).

What is a complicated question, one that cannot be decided by reference either to the oath state officers?

a complicated question, one that cannot be decided by reference either to the oath state officers. must take to support the federal Constitution or the supremacy of federal law. Instead, whether a. state attorney general must defend state law turns on her own state’s laws.

Can you lose a will in your attorney's safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.

Do attorneys keep wills?

A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.

What happens if you die without a will?

If a person dies without a will, known as dying “intestate,” the probate court appoints a Personal Representative, called an “Administrator” or “Administratrix,” to receive claims against the estate, pay creditors, and then distribute all remaining property in accordance with the laws of that state. The major difference between dying with a will ...

What happens if there are no children or grandchildren?

If there are no children or grandchildren: then one-half to the spouse and one-half to the decedent’s parents equally, or one-half to the surviving parent if one parent is deceased If there is a deceased child, the children of the deceased child take what would have been that child’s share.

What happens if a person dies without a spouse?

In addition to the above, a special provision in the California law holds that if a single person dies without a living spouse, children or grandchildren, and had previously inherited from a predeceased spouse, one who died before the deceased, anything previously inherited from that spouse goes back to the predeceased spouse’s nearest relatives.

What is a grandparent?

Grandparents, equally, or to the surviving grandparents if any are deceased. The descendants of grandparents, such as aunts, uncles and cousins. The descendants of a predeceased spouse (step-children). Parents or the surviving parent of a predeceased spouse.

What is the difference between a will and a will?

The major difference between dying with a will or without one is that in a no will death, your state’s law determines the beneficiaries. With a will, your estate is distributed in accordance with the instructions provided in your will. State distribution laws vary somewhat, so check with an estate attorney. If you are not sure why you should ...

Is a half brother considered a full brother?

Brothers and sisters equally ( half-brothers and sisters are considered the same as full brothers and sisters) with provision that if any brothers or sisters are deceased, their share passes to their children equally. Grandparents, equally, or to the surviving grandparents if any are deceased.

Does California have intestate succession laws?

It does not apply to real property in another state where that state’s intestate succession laws apply.

Overview

• In most common law jurisdictions, the attorney general or attorney-general 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 th...

See more on en.wikipedia.org · Text under CC-BY-SA license

Etymology

Attorneys-general in common law and hybrid jurisdictions

Similar offices in non-common law jurisdictions

What Is The Role of The Attorney General?

How Does One Become Attorney General?

• The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney Gene...

See more on rantt.com

What Are The Most Important Powers of The Attorney General?

Who Is The Current Attorney General?

What Agencies Are Under The Department of Justice?

History of The Attorney General

List of Attorneys General

The Rantt Rundown