What does the Constitution say about the Attorney General?

Asked by: Dr. Nelson Koelpin V  |  Last update: October 27, 2023
Score: 4.2/5 (73 votes)

The Attorney General is not mentioned in the United States Constitution. But to say that the federal Attorney General's power and control of that power is in the hands of Congress is an overstatement.

Can the president fire the attorney general?

Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization. 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.

Does the attorney general represent the US in legal matters?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested.

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

The U.S. Attorney General oversees the Department of Justice, represents the United States in litigation, and advises the President and heads of federal executive departments on legal matters. The U.S. Attorney General is nominated by the President and confirmed by the Senate.

What is the purpose of the US Attorney General?

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.

The Role of the State Attorney General [POLICYbrief]

21 related questions found

What are the requirements to be the Attorney General of the United States?

The common qualifications to be United States Attorney General is that he must be a citizen of the country, at least 18 years old so he can qualify for an electoral status and has bar membership. The President will nominate the United States Attorney General and the US Senate will confirm the nomination.

Does the U.S. Attorney General prosecute?

U.S. Attorneys handle a wide variety of litigation for the government, ranging from prosecution of federal criminal violations to representing the United States in environmental suits and other litigation.

Does every U.S. state have an Attorney General?

43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee.

Is the U.S. Attorney General part of the judicial branch?

The Attorney General is part of the executive branch.

Who can impeach Attorney General?

The Constitution provides that the House of Representatives “shall have the sole Power of Impeachment” and that the Attorney General, as a civil officer 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 impeach the Attorney General of the United States?

If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeach—formally charge—that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office.

Do attorney generals have security?

FBI and U.S. Marshals Service (USMS):

The FBI operates the protective detail for the attorney general of the United States and also others as requested by DOJ. The attorney general is the FBI's only permanent personal protective mission.

Is the FBI under the Attorney General?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Is the U.S. Attorney General in charge of the DOJ?

The Department of Justice – or “DOJ” – is the agency responsible for enforcing the federal law of the United States. The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff.

Does the U.S. Attorney General work for the president?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

Can the state attorney general prosecute local cases?

The state Attorney General is authorized to undertake the role of a prosecuting officer only in specific cases when the county district attorney is disqualified from the case or when they clearly, without justification, fail to act.

How many US attorney generals are there?

In the order of creation, the position of attorney general was the fourth cabinet level position created by Congress, according to the U.S. Department of Justice. Attorneys general may be impeached and removed from office by Congress. As of 2013 the office of U.S. Attorney General has been held by eighty two people.

Is U.S. Attorney General above the Supreme Court?

Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.

Is the Attorney General immune from prosecution?

Pachtman7 the Court held that "in initiating a prosecution and in presenting the State's case" a prosecutor is a quasi-judicial officer and thus absolutely immune from suit.

Can the U.S. Attorney General indict someone?

The United States Attorney is authorized to initiate prosecution by filing a complaint, requesting an indictment from the grand jury, and when permitted by law, by filing an information in any case which, in his or her judgment, warrants such action, other than those instances enumerated in JM 9-2.120.

Who appoints the Attorney General of the US?

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.

How to write a letter to the Attorney General of the United States?

There is a correct way to address a letter to the state or US Attorney General. For the Attorney General of the United States address the envelope: The Honorable/(Full name)/Attorney General of the United States/(Address). The salutation of the letter should be: Dear Attorney General (last name).

Why is it attorneys general and not attorney generals?

Because “attorney” is the noun and “general” is the adjective. It's common for legal phrases in English to use noun-adjective order instead of adjective-noun order. Other examples include: court martial; force majeure; malice aforethought; mens rea.