where in the constitution does it talk about attorney

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.

Full Answer

Should the courts interpret the Constitution?

Gerald Ratner Distinguished Service Professor of Law and Faculty Director of the Jenner & Block Supreme Court and Appellate Clinic at the University of Chicago Law School. Article III of the Constitution establishes and empowers the judicial branch of the national government. The very first sentence of Article III says: “The judicial power of the United States, shall be vested in one …

What does the constitution say?

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.

What does Article 3 of the constitution say about the courts?

When these prohibitions were adopted as part of the original Constitution, many persons understood the term ex post facto laws to “embrace all retrospective laws, or laws governing or controlling past transactions, whether . . . of a civil or a criminal nature.” 2 Footnote 3 J. Story, Commentaries on the Constitution of the United States ...

Who appoints the Attorney General of the United States?

Nov 02, 2020 · When people talk about constitutional rights like freedom of speech or religion, they often refer to them as guarantees. But no rights are absolute. Government has the power to limit individuals’ freedom under certain circumstances, like when they’ve committed a crime. And the First Amendment doesn’t protect some speech, such as violent ...

Where in the Constitution does it say you have the right to an attorney?

The Sixth AmendmentThe Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What does Amendment 6 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 ...

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.

Why do we have the right to a lawyer?

The right to an attorney protects people from an unfair trial. The success of a person's trial largely depends on the ability of their attorney to provide an adequate defense. The Supreme Court of the United States affirmed that the right to counsel promises an effective lawyer.Jun 13, 2018

What does the 7th amendment do?

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 is Fifth Amendment right?

noun. an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.

What is the title of the lawyer who represents the federal government in the Supreme Court?

The United States solicitor generalThe United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court.

Who is the new US Attorney General?

Merrick GarlandThe current attorney general is Merrick Garland....List of U.S. attorneys general.Attorney GeneralYears of serviceMerrick Garland2021-PresentJohn Macpherson Berrien1829-1831William Wirt1817-1829Richard Rush1814-181782 more rows

Who is the acting Attorney General?

Matthew WhitakerPresidentDonald TrumpDeputyRod RosensteinPreceded byJeff SessionsSucceeded byWilliam Barr20 more rows

Which Amendment gives people the right to a lawyer?

The 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 5th Amendment Protect from?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

Why is the 6th amendment important?

Right to a Speedy Trial: This right is considered one of the most important in the Constitution. Without it, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to assuring that a criminal defendant receives a fair trial.

Which branch of government is responsible for making laws?

Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate. The bicameral Congress was a compromise between the large states, which wanted representation based on population, and the small ones, which wanted the states to have equal representation.

How does the amendment process work?

When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it.

What is the purpose of Article VII?

Article VII. Article VII describes the ratification process for the Constitution. It called for special state ratifying conventions. Nine states were required to enact the Constitution. Rhode Island became the 13th state to ratify the Constitution in 1790.

What is Article IV?

Article IV outlines states’ powers in relationship to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states. Congress may pass Federal laws regarding how states honor other states’ laws and records.

What are the three branches of government?

The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.

What is the issue of whether a law is civil or punitive in nature?

The issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis. 1939 “A court must ascertain whether the legislature intended the statute to establish civil proceedings.

What is ex post facto law?

Both federal and state governments are prohibited from enacting ex post facto laws, 1931 and the Court applies the same analysis whether the law in question is a federal or a state enactment. When these prohibitions were adopted as part of the original Constitution, many persons understood the term ex post facto laws to “embrace all retrospective laws, or laws governing or controlling past transactions, whether . . . of a civil or a criminal nature.” 1932 But in the early case of Calder v. Bull, 1933 the Supreme Court decided that the phrase, as used in the Constitution, was a term of art that applied only to penal and criminal statutes. But, although it is inapplicable to retroactive legislation of any other kind, 1934 the constitutional prohibition may not be evaded by giving a civil form to a measure that is essentially criminal. 1935 Every law that makes criminal an act that was innocent when done, or that inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution. 1936 A prosecution under a temporary statute that was extended before the date originally set for its expiration does not offend this provision even though it is instituted subsequent to the extension of the statute’s duration for a violation committed prior thereto. 1937 Because this provision does not apply to crimes committed outside the jurisdiction of the United States against the laws of a foreign country, it is immaterial in extradition proceedings whether the foreign law is ex post facto or not. 1938

Is a change of the place of trial an ex post facto law?

A change of the place of trial of an alleged offense after its commission is not an ex post facto law. If no place of trial was provided when the offense was committed, Congress may designate the place of trial thereafter. 1947 A law that alters the rule of evidence to permit a person to be convicted upon less or different evidence ...

How does the Constitution discuss individual rights?

The Constitution generally discusses individuals’ rights by saying what the government can’t do. We’ve briefly summarized the most important constitutional rights for individuals below. (Click on the links for more detailed information.)

What are the rights of the Supreme Court?

The Supreme Court has also recognized other fundamental rights that are included in the concept of liberty. Individuals in the United States enjoy a number of important civil liberties under the U.S. Constitution. When people talk about constitutional rights like freedom of speech or religion, they often refer to them as guarantees.

Which amendments extend to the states?

The Fourteenth Amendment extended to the states the Fifth Amendment’s requirement for “due process of law” before government can take away anyone’s life, liberty, or property. Before this amendment was passed in 1866, the Bill of Rights applied only to actions by the federal government that limited individuals’ basic rights.

What are the rights of the First Amendment?

The First Amendment prohibits government interference with two core sets of individual rights: 1 freedom of expression, which includes free speech, free press, and the freedom to assemble and petition the government; and 2 freedom of religion, including the freedom to practice any religion (or none) and the separation of church and state.

Which amendments include due process?

The Fourteenth Amendment extended to the states the Fifth Amendment’s requirement for “due process of law” before government can take away anyone’s life, liberty, or property. Before this amendment was passed in 1866, the Bill of Rights applied only to actions by the federal government that limited individuals’ basic rights. Over the years since then, however, the U.S. Supreme Court found that most of the provisions in the Bill of Rights were “incorporated” in the due process clause—meaning that they also apply to actions by the states.

What to do if you believe in a government?

If you believe that any branch of government—including a public school, law enforcement, or an elected official—has violated your constitutional rights, consider speaking with a civil rights lawyer. An attorney experienced in this area should be able to explain how federal and/or state law (including the latest court cases) applies to your situation, as well as any legal actions you might take to address the problem. And if you’ve been arrested, an experienced criminal lawyer can help protect your civil rights throughout the criminal process.

What is the right of the people to keep and bear arms?

Keeping Guns. As the Supreme Court now interprets the Second Amendment, “the right of the people to keep and bear Arms” applies to individuals. This means that government generally can’t restrict the right of law-abiding individuals to have weapons and use them for legal purposes. But guns rights aren't unlimited.