what does the constitution say about attorney general obligations

by Eula Terry 5 min read

Do attorneys general have a duty to defend?

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 .)

What does the Attorney General of the United States do?

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.

Do attorneys general have the authority to file constitutional lawsuits?

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.

Can attorneys general refuse to defend laws unpopular with their constituents?

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.

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Does the Constitution define the duties of the Attorney General?

The Attorney General has a duty to defend and enforce both the Acts of Congress and the Constitution; when there is a conflict between the requirements of the one and the requirements of the other, it is almost always the case that he can best discharge the responsibilities of his office by defending and enforcing the ...Jul 30, 1980

What are the responsibilities of the Attorney General of the United States?

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

Is the Attorney General in the Constitution?

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.

What is the most important duty of state Attorney General?

They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens.

Who can remove the attorney general?

the President
He 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.

How many statutory responsibilities do US attorneys have?

three statutory responsibilities
The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code: the prosecution of criminal cases brought by the Federal Government; the prosecution and defense of civil cases in which the United States is a party; and.Sep 22, 2016

Does the Senate have to approve the attorney general?

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. 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.

Can the president's powers be suspended?

A suspension is temporary, but the power it confers is extraordinary. When a suspension is in effect, the president, typically acting through subordinates, can imprison people indefinitely without any judicial check.

What position does the attorney general of the United States hold?

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 are the powers of the Attorney General of the Federation?

The Attorney-General has the power to institute in any court of competent jurisdiction any civil proceedings, with or without a relator, involving the rights and interests of the public which he deems necessary for the enforcement of Federal laws, the preservation of order and the prevention of public wrongs.Jan 26, 2021

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Who was the previous Attorney General of the United States?

List of U.S. attorneys general
Attorney GeneralYears of service
Merrick Garland2021-Present
Charles Lee1795-1801
William Bradford1794-1795
Edmund Jennings Randolph1789-1794
82 more rows

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.

Can an attorney general defend a state law?

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.

What is the purpose of the Part I and II?

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.

What does the President do when he considers unlawful obstructions, combinations, or assemblages, or rebellion against

''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.

What is the President's role in the Constitution?

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.

Who is the chief law enforcement officer?

Generally, the Attorney General of the United States is considered the nation's chief law enforcement officer.

What is the job of the President?

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 of the Constitution say?

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 ...

What is the Norris LaGuardia Act?

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.

What is the take care clause in Lujan v Defenders of Wildlife?

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.

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.

What are the rights of a citizen?

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

What does Article IV mean?

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”.

What is Section 3 Clause 1?

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.

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