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Archive 1 |
Perhaps restore the external link to its original target (from Revision as of 22:55, 27 Jul 2004) ?
I have heard senators refer to "General Ashcroft." I presume that this is an error, and that, despite not having "secretary" in his official title, "Secretary Ashcroft" would be the proper way to address him? Doops 04:00, 15 Dec 2004 (UTC)
Why isnt Philander C. Knox under Roosevelt since it says he was AG from 1901-1904 and TR became president on 9-14-1901
The US DOJ lists Gonzales as the 80th AG. The table contained within the article does not agree. So, how amny AGs have there been? Zue Jay ( talk) 20:05, 13 March 2007 (UTC)
Officials appointed in the United States for Senate confirmation are appointed in a manner which lists their state of residence at the time of appointment. This is what the state of residence column means. Presumably a fair number of them actually move fully to DC, Maryland, or Virginia during their tenure in office, but we don't list that, because that's not what's significant, and because it's more or less impossible to determine. The state they were appointed from is a matter of public law and record, recorded in their confirmation information. The same is not the case for any state they may move into during their time in office. Assuming Kennedy was appointed from Massachusetts, this should be the only state listed for him. That state of residence is legally significant for other things is irrelevant here - it has nothing to do with the person's appointment to government office, whereas their state of residence at the time of their appointment is actually a part of the nomination process. john k 04:50, 10 April 2007 (UTC)
There seems to be a minor edit war between people choosing August 27, 2007 (the day on which his resignation was announced), September 17, 2007 (the day on which his resignation takes effect), and "Present". Can we establish a consensus about this?
I'm personally in favor of September 17th. "Present" will become inaccurate in about three weeks; "August 27th" ignores the fact that his resignation hasn't taken effect yet. Any thoughts? vogon 16:54, 28 August 2007 (UTC)
The Robert Kennedy begin date is off -- it should be 1961. Can't change this because page is locked. —Preceding unsigned comment added by 72.64.10.29 ( talk) 20:21, 31 August 2007 (UTC)
It has recently been stated the Geoffrey Fieger will take the position. No one else has heard this? That's why I made the change earlier. Until next time!-- Mexicomida 21:49, 9 September 2007 (UTC)
Hello all,
I have listed Stuart M. Gerson and Eric H. Holder, Jr. as acting Attorney General. They both served as acting Attorney General in the first months of the Clinton and GW Bush administrations because both Clinton and GW Bush both had problems finding an AG (in Clinton's case it was because both of his first two choices - Zoe Baird and Kimba Wood - had problems with the immigration status of their domestic staff and in GW Bush's case, the Ashcroft nomination was so controversial). They were added because the office of AG was vacant during this time. Mr. Holder's bio at his law firm points this out [1] and there are four references to Mr. Gerson's service: [2], [3], [4], [5]. As this is the day Alberto Gonzales has resigned, i've added Paul D. Clement as acting AG for the same reasons listed above. I hope this is helpful.- Thanks, Hos hie 16:37, 17 September 2007 (UTC)
The sole power of removal in the constitution is by impeachment. All executive powers listed in Article II are packaged "with the advice and consent of the Senate" which refers back to Article I section 8 which places all the power in the Congress of the United States"
Like the phrase "Separation of Powers" we don't find anything about "serving at the pleasure of the President" in the Constitution or the ammendments to it.
The President ...
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.Section 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Rktect ( talk) 20:14, 12 August 2008 (UTC)
Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
TITLE 10 - ARMED FORCES
U.S. Supreme Court PARSONS v. U. S., 167 U.S. 324 (1897) 167 U.S. 324 PARSONS v. UNITED STATES. No. 270. May 24, 1897]
On the 19th of May, 1789, in the house of representatives, Mr. Madison moved 'that it is the opinion of this committee that there shall be established an executive department, to be denominated the 'Department of Foreign Affairs,' at the head of which there shall be an officer, to be called the 'Secretary of the Department of Foreign Affairs,' who shall be appointed by the president by and with the advice and consent of the senate, and to be removable by the president.' Subse- [167 U.S. 324, 329] quently a bill was introduced embodying those provisions. Mr. Smith, of South Carolina, said that 'he had doubts whether the officer could be removed by the president; he apprehended that he could only be removed by an impeachment before the senate,
the objection of undertaking to confer upon the president a power which before he had not
In Ex parte Hennen, 13 Pet. 230, at page 259, which was a case involving the validity of an appointment of a clerk of the district court of Louisiana by the district judge thereof, it was said by Mr. Justice Thompson, in speaking of the power of removal:
'In the absence of all constitutional provision or statutory regulation, it would seem to be a sound and necessary rule to consider the power of removal as incident to the power of appointment. This power of removal from office was a subject much disputed, and upon which a great diversity of opinion was entertained in the early history of this government. This related, however, to the power of the president to remove officers appointed with the concurrence of the senate; and the great question was whether the removal was to be by the president alone, or with the concurrence of the senate, both constituting the appointing power. No one denied the power of the president and senate, jointly, to remove, where the tenure of the office was not fixed by the constitution, which was a full recognition of the principle that the power of removal was incident to the power of appointment.
in the case of Marbury v. Madison, 1 Cranch, 137, it was held that a justice of the peace in the District of Columbia was not removable at the will of the president, as his office was one created by congress, and the term was limited in the act.
In the District of Columbia congress is given by the constitution power to exercise exclusive legislation in all cases. Const. U. S. art. 1, 8, subd. 17. The view that the president had no power of removal in other cases outside of the District, as has been seen, is one that had never been taken by the executive department of the government, nor even by congress, prior to 1867, when the first tenure of office act was passed.
The case of U. S. v. Guthrie, 17 How. 284, has also been cited upon the same point. ... The question whether or not the president had power to remove a territorial judge during his statutory term of office was argued, but was not decided in the case. The prevailing opinion was very brief, and was delivered by Mr. Justice Daniel, and it simply discussed and denied the power of the court to issue the writ. Mr. Justice McLean delivered his own opinion in regard to the power of the president to remove, in which he said that he differed from the opinion of the court in answering the question as it did, and he was of the opinion that the ques- [167 U.S. 324, 337] tion as to the power of the president to remove was before the court, and that such power of removal was not committed solely to the president.
The case of McAllister v. U. S., 141 U.S. 174 , 11 Sup. Ct. 949, has also been cited ... 'The decision in the present case is a recognition of the complete authority of congress over territorial offices, in virtue of 'those general powers which that body possesses over the territories of the United States,' as Marbury v. Madison was a recognition of the power of congress over the term of office of a justice of the peace for the District of Columbia.'
The act was a portion of the legislation passed by congress at that time for the purpose of keeping those men in office who were then supposed to be friendly to the views of congress upon that great subject. On the same day ( March 2, 1867) congress passed the army appropriation act (14 Stat. 486, c. 170), [167 U.S. 324, 340] by which the headquarters of the general of the army were established at Washington, and all orders and instructions relating to military operations issued by the president to the secretary of war were directed to be issued through the general of the army. Other provisions were also therein contained for the purpose of restraining the action of the president in the exercise of his power to remove or suspend the general of the army. Reference to the subject is made in Blake v. U. S., 103 U.S. 227 , 236.
The president, as is well known, vetoed the tenure of office act, because he said it was unconstitutional, in that it assumed to take away the power of removal constitutionally vested in the president of the United States,-a power which had been uniformly exercised by the executive department of the government from its foundation. Upon the return of the bill to congress it was passed over the president's veto by both houses, and became a law. The continued and uninterrupted practice of the government from 1789 was thus broken in upon and changed by the passage of this act, so that, if constitutional, thereafter all executive officers whose appointments had been made with the advice and consent of the senate could not be removed by the president without the concurrence of the senate in such order of removal.
The measure was resorted to as one of self-defense against the alleged aggressions and unrestrained power of the executive department
The conduct of President Johnson in regard to the provisions of this act, and his contest with Secretary Stanton in relation to the office of secretary of war, led to his impeachment by the house and his trial before the senate, resulting in his acquittal. [167 U.S. 324, 341] In November, 1868, a new president was elected, who came into office on the 4th of March, 1869. His relations with congress were friendly, and the motive for the passage of the act of 1867 had ceased to operate. Within five days after the meeting of congress a bill was introduced in the house to repeal the act of 1867, and was passed by that body. In the senate, however, the repeal failed, but the act was modified by the act passed on the 5th of April, 1869 (16 Stat. 6), and the first section of the original act was modified so as to provide as follows:
'That every person holding any civil office to which he has been or hereafter may be appointed by and with the advice and consent of the senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided.' Assuming the constitutionality of these acts, it is seen that under the act of 1869 a person who had been appointed to an office by and with the advice and consent of the senate could yet be removed by and with such advice and consent, or by the appointment, with the like advice and consent, of a successor in his place, except as provided in the second section of the act, which provided for appointments during the recess of the senate, and for the designation of persons to fill vacancies which might happen during that time. No further legislation upon the subject of removals or appointments was enacted for some years, although repeated but unsuccessful attempts were made to repeal the act of 1869, and to leave the president untrammeled by any statute upon the subject. With the legislation of 1869 in force, this appellant would, under the facts of this case, have been legally removed by the appointment of his successor in the way it occurred.
A revision of the statutes having been undertaken since 1869, section 769 was placed therein as the substance of the statute of 1820. The section is quoted above. It does not [167 U.S. 324, 342] contain the affirmative recognition of the power of removal which is contained in the act of 1820.
it is conceded that the president might remove an officer like a district attorney within the four years for which he was commissioned, provided his removal was concurred in by the senate or was effected by the appointment of his successor by and with the advice and consent of the senate ... to thereby enable him to remove an officer when, in his discretion, he regards it for the public good, although the term of office may have been limited by the words of the statute creating the office.
Argued on May 1, 1935, Decided on May 27, 1935]
The result of what we now have said is this: whether the power of the President to remove an officer shall prevail over the authority of Congress to condition the power by fixing a definite term and precluding a removal except for cause will depend upon the character of the office; the Myers decision, affirming the power of the President [p*632] alone to make the removal, is confined to purely executive officers, and, as to officers of the kind here under consideration, we hold that no removal can be made during the prescribed term for which the officer is appointed except for one or more of the causes named in the applicable statute. To the extent that, between the decision in the Myers case, which sustains the unrestrictable power of the President to remove purely executive officers, and our present decision that such power does not extend to an office such as that here involved, there shall remain a field of doubt, we leave such cases as may fall within it for future consideration and determination as they may arise. In accordance with the foregoing, the questions submitted are answered.
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A more detailed explanation of what this possition does needs to be made. There is a sentence about the original job description, but no clear explanation of the possition's current responsibilities. This becomes especially important when attempting to define the difference between the attorney general and other possitions such as solicitor general. Piratejosh85 ( talk) 01:07, 15 February 2009 (UTC)
Thinking more about this, I think there should be a "Duties" section, much like there is on the page for the Department of Justice —Preceding unsigned comment added by Piratejosh85 ( talk • contribs) 07:15, 16 February 2009 (UTC)
I agree. There is only cursory information here on the role, privileges, and responsibilities of the Attorney General. While it's great to have a list of all who have filled the role, maybe that should get its own article, and have someone flesh out more about the job itself. 65.0.192.177 ( talk) 04:44, 21 February 2009 (UTC)
I respectfully submit that while the United States Attorney General is commonly referred to as the Chief Law enforcement officer in the country, he is not. The chief law enforcement officer of the country, and yes, the chief executive officer of the county, is actually the President of the United States. Every law enforcement officer is the country is ultimately required to preserve protect and defend the constitution, the basic law of the land. The United States Attorney General is the second highest law enforcement officer in the land. This may be verified through the Federal Law Enforcement Training Center, Brunswick, GA. — Preceding unsigned comment added by Liveryman99 ( talk • contribs) 21:33, 10 January 2014 (UTC)
I think we should remove the Acting AGs from the list in this article. First, it's confusing -- the list in entitled "Attorneys General of the United States" and acting AGs, by their very title, are not Attorneys General of the United States. Second, it's unimportant. None of the Acting AGs make law or policy; they're just placeholders while someone the President actually wants is being considered. Short of notable actions by an Acting AG (like Bork, for instance, firing Cox during Watergate) there is no real purpose served by listing Acting AGs.
What do you all think?
JasonCNJ ( talk) 04:55, 19 February 2009 (UTC)
I don't care one way or the other, but it would be nice to have this uniform for Cabinet and Cabinet-level department heads. Perhaps this could be dealt with somewhere more central or notices could be placed on the relevant talk pages? Also, if the actings are not to be in the main list, they could be put in a separate list lower on the page (I think other lists do this). Forgive me if any of this repeats someone else's contribution. - Rrius ( talk) 17:59, 1 August 2009 (UTC)
JasonCNJ's "fact" that an acting A.G. doesn't create policy is unsubstantiated.
Many minor and major decisions must continue to be made, each in their own way, "policy", and there are many laws in which the Attorney General is the sole authorized officer to permit, request or stop a legal, enforcement, or judicial action. It is the case that an acting A.G. will tend to tread lightly, but there are occasions in with the A.G. must act on the basis of their experience and judgement, or, perhaps, is willing to stand on their judgment because they have nothing to lose.
Two examples for
Stuart M. Gerson:
An example how minor decisions become major ones: Clinton's acting A.G., Stuart M. Gerson was in office during the start of the Waco Siege, on February 28, 1993. ( Janet Reno was sworn in March 12, 1993. The Waco Siege continued through April 19 1993. If Reno's confirmation was delayed, for whatever reason, Gerson would have been in charge during the entire episode.
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cite web}}
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(
help)If the Robert Bork decision to fire Archibald Cox was not policy, there is no such thing as policy.
-- Yellowdesk ( talk) 04:21, 2 August 2009 (UTC)
Does anyone intend to try to make this unified across the other current and former Cabinet and Cabinet-level department head lists? If so, here are the ones that include acting secretaries:
- Rrius ( talk) 22:25, 10 August 2009 (UTC)
While I agree that Acting AG's "tread lightly", in my opinion, they still are "in charge" and qualify for moderated inclusion in the list (as the table does by differentiating with color and no number). - Wervo ( talk) 04:19, 17 August 2009 (UTC)
In this list miss Robert Smith (cabinet), why? Thanks-- AnjaManix ( talk) 14:36, 24 January 2010 (UTC)
If Smith was appointed by Jefferson and confirmed by the Senate, then why is he considered to only be an Acting AG? Could someone clear this up? Thismightbezach ( talk) 15:23, 4 May 2010 (UTC)
I am planning on expanding this article to talk about the AG's role, the history of the position, etc. As part of this I would like to move the lists to 'List of Attorneys General of the United States'. Any objections? Jean Eugene Robert-Houdin 04:53, 3 June 2011 (UTC) — Preceding unsigned comment added by Rober-houdin ( talk • contribs)
His bar should be extended into Lincoln, no? Or Lincoln's should be extended into his, rather. -- Rajah ( talk) 11:14, 20 June 2011 (UTC)
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The office of Attorney General, much like all cabinet offices, is appointed and thus non-partisan; do we really need to know their declared affiliation? -- Golbez ( talk) 18:07, 9 April 2013 (UTC)
The result of the move request was: no consensus to move the page at this time, per the discussion below. Dekimasu よ! 00:43, 16 November 2014 (UTC)
United States Attorney General → Attorney General of the United States – We should prefer the actual formal title from 28 U.S. Code § 503, which authorizes this office. The common term, of course, is just "the Attorney General", but for reasons of neutrality the article Attorney general is a survey of positions with this title in varous legal jurisdictions and will properly remain so. However, we also ought to avoid confusing this cabinet-level position with the lesser office of United States Attorney. The best solution is to use the formal statutory title. 209.211.131.181 ( talk) 03:24, 9 November 2014 (UTC)
The new acting Attorney General is Dana J. Boente. 05:22, 31 January 2017 (UTC)
Why is firing of the former acting AG significant enough to have on the page? This is not something we see on other pages dealing with political jobs. I can understand it on her own page but not for this particular page. Brainplay ( talk) 09:38, 31 January 2017 (UTC)
Also, "firing" is not the correct terminology (currently, the lede says that yesterday's AG was "fired"). Please replace with "dismissed". 2400:2410:9021:8D00:497D:D79C:EADA:547F ( talk) 14:46, 31 January 2017 (UTC)
I am concerned about the weight of the coverage of what is really a short event regarding Yates in the lead. WP:LEAD, WP:NOTNEWS and WP:WEIGHT seem to come into play here. Stevie is the man! Talk • Work 16:30, 2 February 2017 (UTC)
Why is Sessions being edited in as the new US Attorney General? He's been confirmed by the Senate, but he's yet to resign as a Senator & then be sworn in as US Attorney General. GoodDay ( talk) 00:43, 9 February 2017 (UTC)