what is the supreme court say about the attorney general's position in regards to the president

What is the role of the Supreme Court in our government?

Oct 29, 2021 · Garland’s consolation prize: becoming President Joe Biden’s attorney general. Yet in nine short months, he’s proved not only unfit to sit …

Who decides how the Supreme Court is organized?

Feb 21, 2022 · U.S. District Judge Lee Rudofsky in his opinion said that “there is a strong merits case that at least some of the challenged districts” are unlawful under Section 2. …

What power does the Supreme Court have that is not in the Constitution?

Apr 22, 2020 · And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office, whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon …

Can the Attorney General bring a lawsuit under Section 2?

They are the executive branch, and the judicial branch is not superior to them, and has no right to exercise any executive authority. But it can decide that something the president or the AG has done is illegal, and order them to stop doing it; whether they must obey such an …

Does the U.S. Attorney General report to the president?

Does the U.S. Attorney General have power over the Supreme Court?

What power does the Supreme Court have over the president?

Who can the president not remove from office?

Who is the current U.S. Attorney General?

What is the purpose of the U.S. Attorney General?

Can a Supreme Court decision be overturned by the President?

Does the President control the Supreme Court?

How can the President check the power of the Supreme Court?

Who can remove the attorney general?

Can the President remove the attorney general?

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

What was Garland's reply to the letter?

Garland’s mealy-mouthed reply was that it was merely an offer of assistance, if needed, to local law enforcement, but no one with any sense believes that. His letter was in fact unprecedented, and it was clearly intended to intimidate opponents and to support the Democrats’ efforts to characterize all serious political opposition as some sort of security threat.

Who is the governor of Virginia who thinks parents shouldn't have the right to control their children's education?

As Karol Markowicz has written, Garland and the Biden administration have taken sides in the war on parents, joining people like former Virginia Gov. Terry McAuliffe who think parents shouldn’t have the right to control their children’s education.

Did Biden talk to the National School Boards Association before sending the letter?

Reporting from The Washington Free Beacon even revealed that the Biden White House was talking to the National School Boards Association before its letter was sent, raising questions of collusion between the administration and outside “activists.”

Was Garland a moderate?

The trustees of the estate of the late Justice William Brennan, for whom Garland had clerked, inexplicably sealed records having to do with Garland’s time working at the court. And though Garland was touted as a “moderate,” a straight-shooter who could cruise to an easy confirmation, he satisfied neither the Democratic left nor the Republican center.

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 Justice Manual say about the rule of law?

. states that ‘the rule of law depends on the evenhanded administration of justice’; that the legal decisions ‘must be impartial and insulated from political influence’; and that the prosecutorial powers . . . must be ‘exercised free from partisan consideration.’

Is the Attorney General a quasi-judicial post?

As noted above, the “ history of the office suggests that the framers considered it a quasi-judicial post, independent from the president. Congress originally established the office with the Judiciary Act of 1789 . . . not the acts establishing executive departments.” The presidential appointment and Senate confirmation that appeared in the final bill were made “undoubtedly so that the AG would be appointed in the same way as federal judges — not as a statement of the office’s constitutional status.” But the Attorney General position was not explicitly part of the executive branch until 1870, as Cornell Clayton wrote, “In 1870, Congress codified this approach in the Department of Justice Act, making the AG the head of an executive department.”

Who has the constitutional latitude to shape how the Justice Department operates?

As Clayton concludes, “history reveals that Congress has the constitutional latitude to shape how the Justice Department operates.” A future Congress must tackle this task as soon as possible, to ensure that the DOJ and the Office of the Attorney General do not completely trample the independence required to uphold the rule of law.

Does Donald Trump care about law?

. . . Donald Trump is not skillful at persuading, bargaining with, or leading his administration. . . . He acts like he doesn’t care about law and has no respect for DOJ, FBI, and their pursuits. When Trump acts this way, he makes it harder for the DOJ and FBI to engage in appropriate accommodations to him at the margins.

Is law enforcement a constitutional republic?

. . . Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

What is the power of the Supreme Court to review the legislative and executive acts?

The court has the right and duty of “judicial review.” In the American system, the power of the Court to review the legislative and executive acts is a primary part of the separation of and balance of power. This goes back to the most famous case on the topic: Marbury v. Madison. In this case the Supreme Court used its power to strike down an act of Congress as inconsistent with the Constitution. In so doing the Court established firmly that the acts of Congress would be subject to review, when properly challenged, by the Supreme Court, and thereby by the lower federal courts.

What is the Supreme Court?

The Supreme Court hears cases that are brought before it. It rules on the merits of the case. Your question is misguided because the court doesn’t have any management role (implied by overrule ) in your scenario.

What would happen if Congress made a law not warranted by any of the powers enumerated

In the Virginia convention, John Marshall observed if Congress “were to make a law not warranted by any of the powers enumerated, it would be considered by the judge as an infringement of the Constitution which they are to guard . . .” Marshall also told the delegates that if such law were made the court would have little choice but to void it.

When was Bowers v. Hardwick overruled?

It was overruled in 2003 by Lawrence v. Texas, which states: " Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."

Which amendment was gutted first?

These early cases gutted first the 14th Amendment, which provides for equal protection of all citizens regardless of race, and then the Civil Rights Act of 1875, which was an early attempt to protect the rights of newly-freed slaves.

Who has the authority and duty to review acts by the government that may be unconstitutional or otherwise violated federal

Long and short of it, the Supreme Court has the authority and the duty to review those acts by the government which may be unconstitutional or otherwise violated federal law. They may not do it on their own volition but must wait, according to long standing rule, for an actual “case in controversy” to arise from the system.

Can the judicial branch overrule the executive branch?

Overrule them? No. They are the executive branch, and the judicial branch is not superior to them, and has no right to exercise any executive authority. But it can decide that something the president or the AG has done is illegal, and order them to stop doing it; whether they must obey such an order is an open question. But if they bring any case before a court which the judicial branch believes to be inconsistent with the law, it can dismiss it.

What is the power of the Supreme Court?

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution , is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

Who has the final say over when a right is protected by the Constitution?

After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

What is the Supreme Court's jurisdiction?

The Court's Jurisdiction. Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court . The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.

How many justices were in the Supreme Court?

Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.

Why is the Supreme Court important?

First, as the highest court in the land, it is the court of last resort for those looking for justice. Second , due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.

What is appellate jurisdiction?

The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

Which case established the doctrine of mandamus?

The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus ...

What is the role of a court justice?

Court justices to review a decision of a lower court.

What rights do arrested people have?

c)it established that arrested people have the right to remain silent, the right to be informed that anything they say can be held against them, and the right to counsel before and during police interrogation.

Is the government a direct litigant?

government is not a direct litigant in a Supreme Court case.