what does the constitution say about firing the attorney geberal

by Santina Mayer 9 min read

Can a president fire an attorney general?

A. 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.

What powers does the Attorney General have under the Constitution?

Jun 30, 2006 · The constitution does not impose any duties or confer any powers on the attorney general. The statutes gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction.

Does Trump have the authority to fire Attorney General Berman?

governor may exercise control over the attorney general, an executive branch officer. In the context of deciding whether the governor or the attorney general properly controls litigation strategy for the state, it is relevant to note that constitutional convention Delegate

Who does the Attorney General have to appear for?

Apr 22, 2020 · An Attorney General beholden to the President in any Administration is a recipe for partisanship and protecting the President instead of acting as an independent law enforcement official ensuring the laws are faithfully executed. The Judiciary Act of 1789. As noted, the Act established the Office of the Attorney General.

How is an Attorney General removed from office?

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.

Who can fire US Attorney General?

The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

What is required to remove an official from office?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Who can the president removed from office at his her discretion?

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause.

Has a US attorney general ever been impeached?

Attorneys General. While impeachment proceedings against cabinet secretaries is an exceedingly rare event, no office has provoked the ire of the House of Representatives than that of Attorney General. During the first fifth of the 21st century, no less than three Attorneys General have been subjected to the process.

What is meant by the charging decision made by prosecutors?

Prosecutors are supposed decide whether to file charges by evaluating the evidence before them. But a decision to file charges may be influenced by factors beyond the specific facts of the incident described in the police report.

Can president fire cabinet members?

The members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v. United States (1926), or downgrade their Cabinet membership status.

What is one group of officials that only Congress can remove from power?

Impeachment. The President and other executive officers, however, may be removed from office by Congress through the power to impeach. Impeachment itself does not remove one from office. Instead, the House of Representatives votes to impeach.

Does the president's appointment power differ from the power of removal?

The president may appoint those officials or officers which the constitution explicitly says he may appoint. The president may remove executive officials, unless removal is limited by statute. ...

Can the president shut down an agency?

It permits the president to divide, consolidate, abolish, or create agencies of the U.S. federal government by presidential directive, subject to limited legislative oversight.

What is pocket veto of US 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.

How does the 22nd Amendment limit the president?

"No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.Oct 8, 2021