28 U.S. Code § 503 - Attorney General U.S. Code Notes prev | next The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L. 89–554, § 4 (c), Sept. 6, 1966, 80 Stat. 612 .)
Attorney General to advise the President § 512. Attorney General to advise heads of executive departments § 513. Attorney General to advise Secretaries of military departments § 514. Legal services on pending claims in departments and agencies § 515. Authority for legal proceedings; commission, oath, and salary for special attorneys § 516.
Jun 04, 2018 · ‘145 (1): The yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.’ Note the word, ‘shall’. It is mandatory.
The Attorney General is authorized in the U.S. Code, 28 USC Sec 503 (or Title 28, Part 2, Chapter 31, section 503 for us mortals). Specifically: The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.
Attorney General | Years of service |
---|---|
Merrick Garland | 2021-Present |
Charles Lee | 1795-1801 |
William Bradford | 1794-1795 |
Edmund Jennings Randolph | 1789-1794 |
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.
We have said that the answer to the question whether a state attorney general may (or must) defend state law or concede its invalidity rests solely on state law, as constrained by the principle barring discrimination against federal law. Before refusing to defend a state law or challenging the validity of state law, a state attorney general must invoke powers arising from state law. In making claims about state law, we believe that an attorney general must do more than point to the nature of her office or to the fact that the state constitution created it.
Part I argues that state law is supreme in defining a state attorney general ’ s potential duty to defend. Part II surveys state law, revealing a multiplicity of approaches, a pattern hardly unusual in a federal system. Part III discusses the differing incentives of the attorneys general and their federal counterpart.
''Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
It names the president as the head of the Executive Branch as well as Commander-In-Chief of the Army and Navy. It requires the president to provide updates on how the country is doing - known as the State of the Union.
Generally, the Attorney General of the United States is considered the nation's chief law enforcement officer.
One of the most important jobs of the President of the United States is his constitutional requirement to "take care that the laws be faithfully executed.". So not only is a president supposed to shape policy, they are meant to ensure existing laws and the Constitution are upheld. In a way, this makes the president a top-level law enforcer.
What does Article II say? Article II of the Constitution outlines the powers and responsibilities of the President of the United States. It names the president as the head of the Executive Branch as well as Commander-In-Chief of the Army and Navy. It requires the president to provide updates on how the country is doing - known as the State ...
Insofar as the use of injunctive relief in labor disputes is concerned, enactment of the Norris-LaGuardia Act 672 placed substantial restrictions on the power of federal courts to issue injunctions in such situations. Though, in United States v.
2130, 2142-2146 (1992), the Court purported to draw from the ''take care'' clause the principle that Congress could not authorize citizens with only generalized grievances to sue to compel governmental compliance with the law , inasmuch as permitting that would be ''to permit Congress to transfer from the President to the courts the Chief Executive's most important constitutional duty, to 'take Care that the Laws be faithfully executed.''' Id., 2145.
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.
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.
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.
The first part of Article IV, Section 2 reads as follows: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” This requires a State to treat citizens of other States as it treats its own citizens. The Supreme Court has held that this treatment shall include: 1 protection by the Government 2 the enjoyment of life and liberty 3 the right of a citizen of one State to pass through 4 residence in any other State, for purposes of trade, agriculture, or professional pursuits 5 the benefits of the writ of habeas corpus 6 pursuing lawsuits of any kind in the courts of the State 7 owning and disposing of property, either real or personal 8 exemption from higher taxes than are paid by the citizens of the State
While Article IV gave definition to the relationship of one State to another, it did not address every issue. The States had delegated certain duties and powers to the central government, but while doing so retained their sovereignty. This sovereignty had preceded creation of the federal government, being recognized by Britain in the Treaty of Paris which ended the Revolutionary War. The treaty names each individual State and acknowledges them “to be free sovereign and Independent States”.
Section 3 provided the basis for the growth to the 50 states of today. Section 3, Clause 1 gives Congress the power to admit new States. The only limitations were that there could be no new State formed within the borders of an existing State or by combining two States without legislative approval of the States involved.