Attorney general of the United States
The Attorney General of the United States serves as the nation's chief law enforcement officer and is a vital member of the president's cabinet, though uniquely not titled as a "secretary." Appointed by the president and confirmed by the Senate, the Attorney General leads the Department of Justice and represents the U.S. government in court cases, including before the Supreme Court. Established in 1789, the position has evolved from a part-time role into a significant cabinet position, overseeing a vast bureaucracy with over 115,000 employees and a substantial budget. Historically, the Attorney General has played crucial roles in responding to national crises, such as during the War on Terror post-September 11, when enhanced powers were granted to combat terrorism, leading to debates about civil liberties. The office supervises various agencies, including the FBI and the Drug Enforcement Administration, and handles a wide array of legal issues. The evolution of the role reflects changing societal needs and legal landscapes, making the Attorney General a key figure in shaping U.S. law and policy.
Attorney general of the United States
SIGNIFICANCE: As the chief law-enforcement officer in the United States, the attorney general occupies a position of unique influence on the criminal justice system.
The attorney general of the United States is appointed by the president of the United States and confirmed by a majority vote in the U.S. Senate. As leader of the Justice Department, the attorney general is a member of the president’s cabinet but is the only cabinet position not called a “secretary.” The Office of the Attorney general represents the United States in legal cases and counsels the president and other executive officials on various legal issues. The attorney general represents the U.S. government before the U.S. Supreme Court in important cases; however, the U.S. solicitor general is the Justice Department representative who usually argues cases when the United States is party to legal disputes.
History of the Office
In 1789, the newly formed U.S. Congress passed the Judiciary Act , which created the basic structure of the federal court system. The same legislation also created the position of attorney general, which was originally conceived as a part-time position for only one person. The position was not initially a cabinet-office rank, but President George Washington requested that his attorney general be present at all cabinet meetings because legal issues were frequently discussed.
Over the years, the attorney general’s office grew into a vast bureaucracy that employed a large number of private attorneys and legal assistants. From 1790 until 1819, both the Congress and the presidents received legal advice from attorneys general. However, in 1819, the attorney general’s role as legal counsel for Congress ended because the workload of the position had increased dramatically. In 1870, Congress created the Department of Justice as an official cabinet position within the executive branch and the attorney general assumed leadership of the cabinet post, but the office’s duties and responsibilities did not change in any material way.
As the head of the Department of Justice, the attorney general’s office controls a variety of operating agencies within the executive branch such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Bureau of Justice Statistics. In 2024, the department had an operating budget of $39.7 billion and her more than 115,000 employees.
John Ashcroft and the War on Terror
In 2002, President George W. Bush nominated John Ashcroft to be his attorney general. In the aftermath of the terrorist attacks of September 11, 2001, Ashcroft directed the Justice Department to focus upon providing security for Americans by preventing further terrorist attacks within the United States. Ashcroft was given more power and discretion as the leading law-enforcement officer in the United States to pursue an aggressive antiterrorism agenda. Ashcroft assisted in obstructing the plans of international terrorists, dismantled terrorist groups in a number of American cities, and arrested hundreds of persons suspected of terrorist-related activities.
The Patriot Act passed in late 2001 increased the powers of the attorney general to investigate suspected terrorists by using various types of surveillance. The attorney general can now use roving wiretaps against terrorist suspects who switch locations and communication devices in attempts to deceive law-enforcement officials. Law-enforcement officers under the attorney general can also employ search warrants in more flexible ways to prevent suspected terrorists from being tipped off about investigations. The attorney general also can access personal information and monitor computer activity on the Internet by accessing electronic mail and chat rooms more easily under the powers given to the office under the Patriot Act. The Patriot Act has also made penalties more severe for terrorists and their allies.
The actions of Ashcroft caused considerable controversy because many civil libertarians are concerned that, as attorney general, he was given so much power that there has been a narrowing of freedom and liberty for Americans. After Bush was reelected in November, 2004, Ashcroft resigned, and Bush replaced him with Alberto R. Gonzales, who was sworn in on February 3, 2005. A former justice of the supreme court of Texas, President Bush’s home state, Gonzales became the first Hispanic attorney general of the United States.
Bibliography
Ashcroft, John, and Gary Thomas. On My Honor: The Beliefs That Shape My Life. Nashville, Tenn.: Thomas Nelson, 2001. This book reveals Attorney General Ashcroft’s personal beliefs on various issues related to the criminal justice system.
Cabral, Sam. "Merrick Garland Held in Contempt of US Congress." BBC News, 12 June 2024, www.bbc.com/news/articles/c977qqe0q29o. Accessed 20 June 2024.
Clayton, Cornell C. The Politics of Justice: The Attorney General and the Making of Legal Policy. Armonk, N.Y.: M. E. Sharpe, 1992. Scholarly examination of the role of the attorney general in the shaping of national legal policies.
Dash, Samuel. The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft. New Brunswick, N.J.: Rutgers University Press, 2004. Historical overview of violations of the Fourth Amendment guarantee against unreasonable searches and seizures and the danger of the recently passed Patriot Act.
Kleindienst, Richard. Justice: The Memoirs of Attorney General Richard Kleindienst. Ottawa, Ill.: Jameson Books, 1985. Autobiography of the attorney general appointed by President Richard Nixon in 1973. Kleindienst was forced to resign along with other members of the Nixon administration during the Watergate scandal in 1974, after it was revealed that he had lied during the Senate hearings on his confirmation.
"150 Years of the Department of Justice." US Department of Justice, 13 Mar. 2024, www.justice.gov/history/timeline/150-years-department-justice#event-the-judiciary-act-of-1789-establishes-the-office-of-the-attorney-general. Accessed 20 J une 2024.
"What Attorney Generals Do." Association of Attorneys General, www.naag.org/attorneys-general/what-attorneys-general-do/. Accessed 20 June 2024.