what does the constitution say about the attorney general?

by Gisselle Durgan 6 min read

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?

Is the attorney general in the Constitution? The attorney general is a statutory member of the Cabinet of the United States. 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.

Who appoints the Attorney General of the United States?

28 U.S. Code § 503 - Attorney General. 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 have supervision over?

Dec 04, 2021 · The attorney general is a statutory member of the Cabinet of the United States. 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. What is difference between US attorney and attorney general?

Does the Office of the Attorney General have common-law authority?

Aug 17, 2010 · 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.

Is the Attorney General in the Constitution?

The attorney general is a statutory member of the Cabinet of the United States. 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.

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 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...

Does the US Constitution say that everyone has the right to an attorney?

A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a defendant has a constitutional right to be represented by an attorney during trial.Feb 7, 2019

What is the difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

What is the role of an attorney?

An attorney, also called a lawyer, advises clients and represents them and their legal rights in both criminal and civil cases. This can begin with imparting advice, then proceed with preparing documents and pleadings and sometimes, ultimately, appearing in court to advocate on behalf of clients.Nov 19, 2019

How many statutory responsibilities do US attorneys have?

three statutory responsibilitiesThe 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

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Who is the head of the Department of Justice 2020?

Attorney General GarlandMeet the Attorney General As 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.12 hours ago

What amendment gives you right to a lawyer?

The Sixth AmendmentThe Sixth Amendment gives defendants the right to counsel in federal prosecutions. However, the right to counsel was not applied to state prosecutions for felony offenses until 1963 in Gideon v. Wainwright, 372 U.S. 335.

What does the 6th Amendment say?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...

What does amendment 7 say?

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

What does the Attorney General represent?

The attorney general must represent the public interest in the protection of any gifts, legacies, or devises intended for public or charitable purposes . All writs, summonses, or other processes served upon such officers and legislators must be transmitted by them to the attorney general.

What is the power of the attorney general?

General Powers and Duties (CGS § 3-125) The law 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.

When was the Office of Attorney General established?

SUMMARY. The Office of Attorney General was established by the legislature in 1897. The constitution requires a general election for attorney general every four years. This requirement was added to the constitution in 1974. The constitution does not impose any duties or confer any powers on the attorney general.

Fact. AG cannot advise on Syariah matters, native court and military court-martials

Note: This post is extracted from here, published on Sunday, June 3, 2018. This blog takes what has been extracted at face value. The extraction apparently was written by Ganesan Kasinathan, Advocate and Solicitor, Kuala Lumpur, 03 June 2018.

Two conflicting ideas

The first is the altruistic proposition that certain quarters ‘have no objection at all to a non-Malay being nominated as AG.’

These arguments are deeply flawed

These arguments have no constitutional basis at all. In fact, the Federal Constitution says the opposite. Why is that?

So let us look at the Constitution

The starting point is Article 145. Answer to the claim AG ‘must advise on Syariah law.’

This demand contradicts Constitutional provisions

This is because the Constitution exempts the AG from such a requirement.

The person to advise the King on Syariah law cannot be a retired judge

The fifth argument is that the nominee for the AG ‘must be either an existing or a retired Federal Court judge or a Court of Appeal judge; for, that way he can render legal advise on Syariah matters.’

What qualities must a candidate for an AG have?

The next question to ask oneself is, who can be appointed as the AG? Article 145 (1) answers the question in this way:-