Attorney General of the United States: Powers, Duties, Appointment & Salary
The United States Attorney General is the head of the Department of Justice and the chief law enforcement officer of the federal government. This position stands as one of the most powerful and significant offices in the country, serving as the primary legal advisor to the President and the Cabinet.
When you read about major Supreme Court cases involving the federal government—whether it’s immigration policy, voting rights, or national security—the Attorney General is often at the center of these proceedings, arguing on behalf of the United States. But the role goes far beyond just appearing in court.
Meaning
The Attorney General of the United States is the chief legal advisor of the federal government. This position was established by the Judiciary Act of 1789, making it one of the oldest cabinet positions in the country. The Attorney General derives their authority from federal law and serves as the head of the Department of Justice, which employs over 100,000 people.
Think of the Attorney General as the nation’s top lawyer. Just as a corporation has a general counsel who advises the company and represents it in legal matters, the US Attorney General serves as the general counsel for the entire federal government. However, the scope of this role is far broader—it includes not just advising the government but also enforcing federal laws, prosecuting criminals, and protecting the rights of American citizens.
Importance of the Post
The Attorney General is important for several reasons. First, they are the principal advisor to the President on all legal matters. Every executive order, every federal regulation, and every significant policy decision is reviewed through the lens of the Attorney General’s office.
Second, the Attorney General oversees the entire federal prosecutorial system. The ninety-three US Attorneys who serve across the country work under the direction of the Attorney General. This means that decisions about which cases to pursue, which laws to prioritize, and which offenders to target all flow through this office.
Third, the Attorney General plays a crucial role in protecting civil rights. The Civil Rights Division of the Department of Justice, which enforces laws against discrimination in housing, employment, and voting, operates under the Attorney General’s supervision.
Fourth, the Attorney General represents the United States in all Supreme Court cases where the federal government is a party. This places the Attorney General at the center of the most consequential legal debates in American history.
Finally, the Attorney General serves as a check on executive power by providing independent legal advice—or at least, that’s the theory. In practice, the Attorney General is appointed by the President and serves at the President’s pleasure, which creates an inherent tension between legal independence and political loyalty.
Attorney General Overview
| Detail | Information |
|---|---|
| Office | Attorney General of the United States |
| Head of | Department of Justice |
| Appointed By | President of the United States |
| Confirmation Required | Senate Majority Vote |
| Term Length | No fixed term (serves at President’s pleasure) |
| First Holder | Edmund Randolph (1789) |
| Annual Salary | $221,400 |
| Current Holder | Merrick Garland |
| Constitutional Basis | Not in Constitution (established by statute) |
| Rank | Cabinet Level (Order of Precedence: 7th) |
Constitutional Status
Unlike the Attorney General in some other countries, the US Attorney General is not explicitly mentioned in the Constitution. The position was created by Congress through the Judiciary Act of 1789. This is an important distinction: while some nations have a constitutional office of Attorney General, the US Attorney General is a statutory office.
However, the position derives its importance from several constitutional provisions. The President’s power to appoint officers is found in Article II, Section 2, which says the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … all other Officers of the United States.” The Attorney General falls into this category.
Additionally, the Take Care Clause in Article II, Section 3 requires that the President “take Care that the Laws be faithfully executed.” Since the Attorney General heads the Department of Justice, which is the primary agency for enforcing federal law, they are essential to fulfilling this constitutional duty.
Key Highlights
- First established as a part-time position in 1789
- Became a full-time role in 1819
- Head of the Department of Justice since 1870
- Eighty-sixth person to hold the office (as of 2024)
- One of only seven Cabinet positions in the presidential line of succession
- Serves as the chief law enforcement officer of the federal government
- Each state also has its own Attorney General, but the US Attorney General is the top of the entire system
Constitutional and Legal Provision
Historical Legal Basis
The Attorney General position was created by the Judiciary Act of 1789. Section 35 of the Act established the office and defined its duties:
“There shall be appointed … an Attorney General for the United States, 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 questions of law when required by the President of the United States, or when requested by the heads of any of the departments.”
This statute established the dual role that still exists today: representing the federal government in court and providing legal advice to the executive branch.
Evolution of the Role
The position evolved significantly over time. For the first eighty years, the Attorney General was a part-time position. The incumbent maintained their own private law practice while also serving the government. This changed in 1819 when Congress made it a full-time position.
The biggest change came in 1870 when Congress created the Department of Justice. Until then, the Attorney General had no staff and no departmental structure. The new Department gave the Attorney General the institutional support needed to manage the growing legal needs of the federal government.
The Department of Justice Act of 1870 consolidated various legal functions of the government under one department. The Attorney General became the head of this department, gaining control over US Attorneys, federal prisons, and the entire federal legal apparatus.
Current Statutory Authority
Today, the Attorney General’s authority is found primarily in 28 U.S.C. § 503 (establishing the office) and throughout Title 28 of the US Code. This law gives the Attorney General:
- Supervision over all US Attorneys and US Marshals
- Authority to conduct federal prosecutions
- Power to investigate federal crimes
- Responsibility for representing the federal government in civil matters
- Authority to interpret federal statutes and regulations
Presidential Memoranda and Executive Orders
Beyond statutes, the Attorney General’s authority is shaped by executive orders and presidential directives. For example, certain executive orders have directed the Attorney General to take action on immigration enforcement, sanctuary cities, and national security matters.
These executive orders show how the Attorney General’s role extends beyond traditional law enforcement into national security, immigration, and other policy areas.
History of the Attorney General
Origin of the Office
The concept of a government’s chief legal advisor is as old as the nation itself. The founders recognized that a complex federal government would need expert legal counsel. When Edmund Randolph was appointed as the first Attorney General in September 1789, the position was envisioned as a modest role—more of a lawyer for the government than a powerful department head.
The early Attorneys General did not have their own building, staff, or much of anything else. They worked out of their homes or private offices, often juggling federal work with private practice. They traveled on horseback to argue cases before the Supreme Court, which at that time met only twice a year.
Key Historical Developments
1814 – British Invasion: During the War of 1812, Attorney General William Wirt was forced to flee Washington when the British burned the Capitol. This disrupted the Attorney General’s work and highlighted the need for a more institutionalized office.
1819 – Full-Time Status: Congress made the Attorney General a full-time position. This was a recognition that the federal government had grown sufficiently complex that the nation’s top lawyer needed to focus exclusively on government work.
1868 – Impeachment of Andrew Johnson: Attorney General Henry Stanbery resigned to defend President Johnson during his impeachment trial. This highlighted the Attorney General’s close relationship with the President and raised questions about the office’s independence.
1870 – Department of Justice Created: The most significant development in the office’s history. Congress established the Department of Justice and made the Attorney General its head. This gave the Attorney General institutional power for the first time.
1964 – Civil Rights Act Enforcement: Attorney General Robert F. Kennedy used the office to enforce civil rights laws, sending federal troops to protect civil rights activists and bringing cases against segregationists.
1973 – Saturday Night Massacre: Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned rather than carry out President Nixon’s order to fire special prosecutor Archibald Cox. This episode defined the tensions between presidential loyalty and legal independence.
2017 – Firing of James Comey: Attorney General Jeff Sessions recused himself from the Russia investigation, leading to the appointment of special counsel Robert Mueller. This raised questions about the Attorney General’s role in politically charged investigations.
Notable Attorney Generals
| Name | Term | Key Contribution |
|---|---|---|
| Edmund Randolph | 1789-1794 | First Attorney General |
| Robert F. Kennedy | 1961-1964 | Civil rights enforcement |
| Elliot Richardson | 1973 | Resigned over Saturday Night Massacre |
| John Mitchell | 1969-1972 | First to become Attorney General after managing a presidential campaign |
| Janet Reno | 1993-2001 | Longest-serving Attorney General (8 years) |
| Eric Holder | 2009-2015 | First African American Attorney General |
| Alberto Gonzales | 2005-2007 | First Hispanic Attorney General |
Who Appoints the Attorney General?
The Appointment Process
The Attorney General is appointed by the President of the United States. This appointment is not final until it receives the “Advice and Consent” of the Senate, meaning that a majority of Senators must vote to confirm the nominee.
The process unfolds in several stages:
Stage 1: Selection and Vetting
The President selects a candidate. The FBI conducts a thorough background investigation. The Office of Government Ethics reviews the candidate’s financial disclosures and potential conflicts of interest. This process typically takes several weeks.
Stage 2: Senate Judiciary Committee Hearing
The nominee appears before the Senate Judiciary Committee for a hearing that can last one or two days. Senators question the nominee about their qualifications, legal philosophy, and approach to the job. This is often the most public part of the process.
Stage 3: Committee Vote
The Judiciary Committee votes on whether to recommend the nomination. A majority vote sends the nomination to the full Senate.
Stage 4: Full Senate Vote
The full Senate debates and votes on confirmation. Only a simple majority is needed. If confirmed, the President swears in the new Attorney General at a ceremony in the White House or at the Department of Justice.
The Role of the President
The President’s power to appoint the Attorney General comes from Article II, Section 2 of the Constitution, which says the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … all other Officers of the United States.”
In practice, the President chooses someone who shares their legal and political philosophy. This makes sense—the President wants an Attorney General who will faithfully execute their agenda and provide legal advice that supports their policies.
However, presidents sometimes choose Attorneys General from the opposing party to signal independence. Partisanship is generally a factor in selection, but some presidents have chosen individuals who were not closely aligned with their party.
The Confirmation Process
Senate confirmation is not guaranteed. Some nominees have faced significant opposition and even rejection.
Examples of confirmation challenges:
- John Tower was rejected in 1989 as Secretary of Defense, though Attorneys General have typically been confirmed.
- Alberto Gonzales faced significant opposition in 2005 and was confirmed only by a 60-36 vote.
- William Barr was confirmed in 2019 by a 54-45 vote, a relatively narrow margin.
The Senate Judiciary Committee plays a crucial role in vetting nominees. Committee members review nominees’ records, ask questions about controversial issues, and recommend confirmation or rejection.
Recess Appointments
Sometimes the President appoints an Attorney General while the Senate is in recess, bypassing the confirmation process. This is known as a recess appointment. The appointee serves until the end of the Senate’s next session, at which point they must be confirmed.
Recess appointments are rare for the Attorney General because the position is so important. The last recess appointment for Attorney General was in 1877, when President Rutherford B. Hayes appointed Charles Devens. However, presidents have used recess appointments for other cabinet positions.
Eligibility Criteria
Constitutional Requirements
Unlike the President, who must be a natural-born citizen, or members of Congress, who have specific age and citizenship requirements, the Attorney General has no constitutional eligibility criteria. Anyone can be appointed, regardless of age, citizenship status at birth, or residency.
However, historical practice and common sense impose several requirements.
Professional Qualifications
Legal Education: Every Attorney General has been a lawyer. Historically, they attended law school and passed the bar exam in at least one state. However, the law does not explicitly require this.
Legal Experience: Almost all Attorneys General have extensive legal experience. Many were federal judges, state Attorneys General, federal prosecutors, or partners at major law firms. This experience is essential because the Attorney General must supervise thousands of lawyers and make complex legal decisions.
Key examples:
- Merrick Garland was a federal appellate judge before becoming Attorney General
- Alberto Gonzales was a Texas Supreme Court justice and White House counsel
- Eric Holder was a federal prosecutor and Deputy Attorney General
- William Barr was a federal appellate judge and Assistant Attorney General
Age and Citizenship
There is no age requirement. Robert F. Kennedy was thirty-five when he became Attorney General.
Citizenship is not explicitly required, but every Attorney General has been a US citizen. It is possible that a non-citizen could be appointed, but this would likely face political and legal challenges.
The “Unwritten” Criteria
Political Affiliation: Attorneys General are almost always members of the President’s political party. This is not a legal requirement, but it is a practical necessity.
Loyalty: Presidents appoint Attorneys General who will be loyal to their agenda. However, this creates tension when the Attorney General believes the President’s actions are illegal or unconstitutional.
Senate Confirmability: Presidents consider whether a nominee can be confirmed by the Senate. Extremists or controversial figures may not pass the confirmation process.
Comparison with Other Offices
| Office | Citizenship | Age | Legal Experience | Confirmation |
|---|---|---|---|---|
| President | Natural Born | 35+ | Not required | No |
| Senator | 9 years US citizen | 30+ | Not required | No |
| Supreme Court Justice | Not specified | Not specified | Usually required | Yes |
| Attorney General | Not specified | Not specified | Always required (in practice) | Yes |
Oath and Assumption of Office
The Oath of Office
Before assuming office, the Attorney General must take an oath to support the Constitution and faithfully discharge their duties. The oath is specified in federal law:
“I, [name], do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
This oath is the same as the oath taken by federal judges, members of Congress, and other federal officers. It is a binding commitment to uphold the Constitution above all else.
The Ceremony
The swearing-in ceremony for a new Attorney General typically occurs at the Department of Justice. The President often attends, along with family members, department employees, and dignitaries.
The oath is administered by a federal judge, often a Supreme Court Justice. The Chief Justice of the United States has administered the oath for recent Attorneys General.
The ceremony is televised and covered by the media. The new Attorney General delivers remarks outlining their vision for the department.
Effective Date
The Attorney General assumes office immediately upon taking the oath. From that moment, they have all the powers and responsibilities of the office.
Transition Challenges
Transitioning to the office is challenging. The new Attorney General must:
- Learn the department’s structure and personnel
- Establish relationships with the White House and other departments
- Develop policy priorities
- Navigate the Senate confirmation process (if not already confirmed)
- Handle pending legal cases and investigations
The transition period can be chaotic, especially when there is a change in administration. The outgoing Attorney General works with the incoming team to ensure a smooth handover.
Tenure of the Attorney General
Duration of Service
The Attorney General serves at the pleasure of the President. There is no fixed term. This means the President can dismiss the Attorney General at any time, for any reason—or for no reason at all.
This is different from federal judges, who serve for life, or members of Congress, who serve for fixed terms. The Attorney General’s tenure depends entirely on the President’s confidence.
Average Tenure
The average tenure for an Attorney General is about two to three years. However, there is significant variation:
| Attorney General | Years in Office |
|---|---|
| Janet Reno | 8 years (longest) |
| J. Howard McGrath | 2 years |
| Homer Cummings | 6 years |
| John N. Mitchell | 3 years |
| William Barr | 4 years (two terms) |
Historical Terms
The longest-serving Attorney General was William Wirt, who served from 1817 to 1829—twelve years. The shortest-serving was Edwin Stanton, who served only a few months before leaving office.
In recent decades, the trend has been toward shorter tenures. Attorneys General often leave to pursue other opportunities, face political pressure, or are dismissed by the President.
Why Attorneys General Leave
Resignation: Attorneys General sometimes resign for personal reasons, to pursue business opportunities, or because they disagree with the President’s policies.
Dismissal: Presidents can and do dismiss Attorneys General. President Nixon famously dismissed Elliot Richardson after the Saturday Night Massacre, though Richardson actually resigned first.
Political Pressure: Sometimes Attorneys General are pressured to resign due to scandals or political controversies. Alberto Gonzales, for example, faced significant pressure during the US Attorney firing scandal.
End of Administration: Attorneys General typically leave when a new President takes office, regardless of party. This is standard practice.
The “During the Pleasure” Doctrine
The phrase “during the pleasure of the President” means that the Attorney General serves at the President’s discretion. This gives the President enormous power over the Attorney General. However, this power is balanced by the Senate confirmation requirement and the political consequences of dismissing a popular official.
The “during the pleasure” doctrine is derived from English common law and has been incorporated into US law. It applies to many executive branch positions.
Salary and Allowances
Current Salary
The Attorney General is paid the same salary as other Cabinet officials. As of 2024, the salary is $221,400 per year.
This is lower than the salaries of Supreme Court Justices ($274,200) and the Speaker of the House ($223,500). However, it is higher than the salaries of most Members of Congress ($174,000).
Salary History
The Attorney General’s salary has increased significantly over time:
| Year | Salary |
|---|---|
| 1789 | $1,500 |
| 1819 | $3,500 |
| 1870 | $8,000 |
| 1926 | $12,000 |
| 1964 | $35,000 |
| 1980 | $69,630 |
| 2000 | $161,200 |
| 2024 | $221,400 |
Benefits and Perks
Beyond salary, the Attorney General receives several benefits:
Official Residence: The Attorney General has an official residence at the Department of Justice. However, most Attorneys General maintain their own homes.
Transportation: The Attorney General is entitled to government-provided transportation, including a vehicle with a driver and official security detail. The Deputy Attorney General also receives security.
Security Detail: The Attorney General receives round-the-clock protection from the US Marshals Service and the Department of Justice’s own security division.
Pension: Like other federal employees, the Attorney General participates in the Federal Employees Retirement System (FERS), which provides a pension based on years of service.
Healthcare: The Attorney General participates in the Federal Employees Health Benefits program.
Travel: The Attorney General frequently travels on official business, and the government covers expenses.
Financial Disclosures
The Attorney General must file financial disclosure reports under the Ethics in Government Act. These reports disclose sources of income, assets, and potential conflicts of interest.
The reports are made public, providing transparency about the Attorney General’s finances.
Limits on Outside Income
The Attorney General is subject to strict limitations on outside income. They cannot receive honoraria for speeches, accept gifts from prohibited sources, or engage in private legal practice.
Powers of the Attorney General
Legal Advisory Power
The Attorney General is the primary legal advisor to the President and the executive branch. This power is both enormous and ambiguous:
Opinions of the Attorney General: When the Attorney General issues a legal opinion, it is considered binding on the executive branch. Agencies must follow these interpretations of the law unless overruled by the President or the courts.
Confidential Advice: The Attorney General provides confidential advice to the President, protected by executive privilege. This allows the President to receive candid legal counsel.
OGC Opinions: The Office of Legal Counsel (OLC), which is part of the Department of Justice, issues opinions that serve as the executive branch’s official legal interpretation. The Attorney General oversees OLC.
Law Enforcement Power
The Attorney General heads the Department of Justice, making them the chief law enforcement officer of the federal government. This gives the Attorney General:
Supervision of US Attorneys: The Attorney General directs the ninety-three US Attorneys who serve throughout the country. They set prosecution priorities and approve sensitive cases.
Control Over Federal Prosecutors: The Attorney General determines which cases the Justice Department will prosecute and how cases will be handled.
Civil Rights Enforcement: The Attorney General enforces federal civil rights laws, including the Voting Rights Act and the Civil Rights Act.
Criminal Investigations: The Attorney General oversees the FBI, the DEA, and other federal law enforcement agencies.
Litigation Authority
The Attorney General represents the United States in all Supreme Court cases where the federal government is a party. The Attorney General also:
- Authorizes all federal civil litigation
- Represents federal agencies in court
- Approves settlements in major cases
- Decides whether to appeal court decisions
Power to Bind the Government
Under the “Solicitor General” doctrine, the Attorney General’s position on legal issues binds the entire executive branch. This is a power that, in practice, makes the Attorney General one of the most influential lawyers in the country.
Functions and Duties
Primary Functions
Legal Advice: The Attorney General advises the President and the Cabinet on legal matters. This includes reviewing executive orders, regulations, and agency actions for legal validity.
Court Representation: The Attorney General represents the United States in all lawsuits involving the federal government.
Law Enforcement: The Attorney General oversees federal criminal investigations and prosecutions.
Rule of Law: The Attorney General ensures that federal laws are faithfully executed.
Civil Rights: The Attorney General protects civil rights through enforcement of federal laws.
Advisory Role
The Attorney General’s advisory role is essential. When the President is considering signing an executive order, the Attorney General reviews it for legal problems. When an agency wants to issue a regulation, the Attorney General ensures it is valid.
This advisory role is protected by executive privilege, which means that some advice is confidential. However, the privilege is not absolute—the courts sometimes require the government to disclose advice.
Litigation Role
The Attorney General oversees all litigation involving the United States. This is enormous responsibility because thousands of lawsuits involve the federal government.
Supreme Court: The Solicitor General, who works under the Attorney General, represents the United States before the Supreme Court. The Attorney General makes the final decisions on which cases to appeal.
Civil Cases: The Attorney General defends the government in civil lawsuits, including tort claims, contract disputes, and constitutional challenges.
Criminal Cases: The Attorney General oversees federal criminal prosecutions. US Attorneys across the country file cases that are then prosecuted by the Department.
Regulatory Role
The Attorney General has significant regulatory authority, including:
- Issuing regulations for the administration of justice
- Overseeing federal prisons and probation
- Reviewing agency regulations for legal validity
- Enforcing antitrust laws and consumer protection
Special Responsibilities
The Attorney General has special responsibilities during times of national emergency. In a crisis, the Attorney General coordinates the Department of Justice’s response, works with the FBI to investigate threats, and advises the President on legal constraints.
Rights and Privileges
Audience and Appearance
The Attorney General has certain rights in court:
- Right to Appear: The Attorney General is entitled to appear before any federal court. This is usually delegated to the Solicitor General, but the Attorney General can appear personally in important cases.
- Right to Submit Briefs: The Attorney General can file amicus briefs in cases where the government has an interest but isn’t a party.
- Right to Address the Court: The Attorney General can personally address the Supreme Court, though this is rare.
Legal Privileges
Attorney-Client Privilege: The Attorney General’s legal advice to the President is protected by attorney-client privilege. This is not absolute but is generally respected.
Deliberative Process Privilege: The Attorney General’s internal discussions about policy and legal strategy are protected from disclosure.
Executive Privilege: The Attorney General often advises the President on matters that fall under executive privilege, which gives the President the right to withhold information from Congress and the courts.
Access to Information
The Attorney General has access to classified and sensitive information related to national security, law enforcement, and intelligence. This is essential for advising the President and overseeing the Department.
Immunity
The Attorney General, like other federal officials, has some immunity from lawsuits arising from their official actions. However, this immunity is not absolute and does not protect against all claims.
Limitations and Restrictions
Restrictions on Private Practice
The Attorney General is prohibited from engaging in private legal practice. This is a statutory restriction that applies to the Attorney General and all Department of Justice employees.
The restriction ensures that the Attorney General’s attention is focused on government work and prevents conflicts of interest.
Conflict of Interest
The Attorney General must avoid conflicts of interest. This includes:
- Financial Interests: The Attorney General must recuse from cases involving their financial interests.
- Personal Relationships: The Attorney General must recuse from cases where personal relationships create a conflict.
- Political Activities: The Attorney General is subject to the Hatch Act, which restricts political activities by federal employees, though the President’s appointees have more leeway.
Government Ethics Rules
The Attorney General must follow federal ethics rules. This includes the Ethics in Government Act, which requires financial disclosure, and the Standards of Conduct for Employees of the Executive Branch.
Political Restrictions
The Attorney General is a political appointee and is expected to support the President’s agenda. However, the Attorney General is also required to provide independent legal advice, even if that advice is contrary to the President’s desires.
This tension is the source of many conflicts, including the Saturday Night Massacre and the recusal of Jeff Sessions from the Russia investigation.
Removal and Resignation
Can the Attorney General Be Removed?
Yes. The Attorney General serves at the President’s pleasure, meaning the President can dismiss them at any time. There is no requirement for Senate approval of a removal.
The President’s power to remove the Attorney General is derived from the “unitary executive” theory, which holds that the President has complete control over the executive branch. This theory is controversial but has been upheld by the Supreme Court in cases like Myers v. United States (1926).
Resignation Process
The Attorney General can resign at any time. The resignation letter is typically addressed to the President. In the letter, the Attorney General usually expresses gratitude for the opportunity and explains their reasons for leaving.
Resignation letters can be terse or lengthy. Some resignations are accompanied by public statements explaining the reasons for the departure.
Reasons for Departure
Personal Reasons: Attorneys General sometimes leave for personal or family reasons.
Disagreement with the President: Attorneys General sometimes leave when they disagree with the President’s policies or actions. Elliot Richardson resigned after Nixon tried to fire Archibald Cox.
Scandal: Attorneys General have sometimes left due to scandal, including the US Attorney firing scandal involving Alberto Gonzales.
End of Term: Attorneys General typically leave at the end of a presidential term.
Vacancy
When the Attorney General leaves, the Deputy Attorney General typically serves as Acting Attorney General until a new confirmation is completed. This ensures continuity in the Department of Justice.
The Acting Attorney General has the same powers as the Attorney General, though they serve for a limited time.
Attorney General vs Deputy Attorney General
Appointment
The Deputy Attorney General is appointed by the President and confirmed by the Senate, just like the Attorney General. However, the Deputy Attorney General serves as the second-in-command at the Department of Justice.
Rank
The Deputy Attorney General is the second-highest position in the Department of Justice. The Solicitor General is also under the Attorney General, though the Solicitor General has a distinct function.
Powers
| Aspect | Attorney General | Deputy Attorney General |
|---|---|---|
| Ranking | First | Second |
| Powers | Full | Delegated |
| Supervision | All DOJ | DOJ generally |
| Acting Role | N/A | Becomes acting AG when AG is absent |
Responsibilities
The Deputy Attorney General’s primary responsibility is to assist the Attorney General in running the Department. The Deputy Attorney General often handles day-to-day operations while the Attorney General focuses on policy.
Attorney General vs State Attorney General
Jurisdiction
The US Attorney General handles federal law. State Attorneys General handle state law.
The US Attorney General’s jurisdiction is nationwide but limited to federal issues. State Attorneys General are limited to their state but have broad authority over state issues.
Appointment
The US Attorney General is appointed by the President and confirmed by the Senate. State Attorneys General are typically elected by the voters of their state, though some are appointed by the governor.
Functions
State Attorneys General enforce state laws, represent their state in state and federal court, and advise their state government on legal matters. They often work alongside the US Attorney General on issues of mutual concern, such as antitrust enforcement.
Comparison Chart
| Aspect | US Attorney General | State Attorney General |
|---|---|---|
| Jurisdiction | Federal | State |
| Appointment | President + Senate | State voters or governor |
| Term | At President’s pleasure | Fixed term (usually 4 years) |
| Salary | $221,400 | Varies (avg. $150,000) |
| Scope | National | State-specific |
List of Attorney Generals of the United States
| Name | Term | President |
|---|---|---|
| Edmund Randolph | 1789-1794 | Washington |
| William Bradford | 1794-1795 | Washington |
| Charles Lee | 1795-1801 | Washington, Adams |
| Levi Lincoln Sr. | 1801-1805 | Jefferson |
| John Breckinridge | 1805-1806 | Jefferson |
| Caesar A. Rodney | 1807-1811 | Jefferson, Madison |
| William Pinkney | 1811-1814 | Madison |
| Richard Rush | 1814-1817 | Madison |
| William Wirt | 1817-1829 | Monroe, J.Q. Adams |
| John M. Berrien | 1829-1831 | Jackson |
| Roger B. Taney | 1831-1833 | Jackson |
| Benjamin F. Butler | 1833-1838 | Jackson, Van Buren |
| Felix Grundy | 1838-1839 | Van Buren |
| Henry D. Gilpin | 1840-1841 | Van Buren |
| John J. Crittenden | 1841 | Harrison |
| Hugh S. Legaré | 1841-1843 | Tyler |
| John Nelson | 1843-1845 | Tyler |
| John Y. Mason | 1845-1846 | Polk |
| Nathan Clifford | 1846-1848 | Polk |
| Isaac Toucey | 1848-1849 | Polk |
| Reverdy Johnson | 1849-1850 | Taylor |
| John J. Crittenden | 1850-1853 | Fillmore |
| Caleb Cushing | 1853-1857 | Pierce |
| Jeremiah S. Black | 1857-1860 | Buchanan |
| Edwin M. Stanton | 1860-1861 | Buchanan |
| Edward Bates | 1861-1864 | Lincoln |
| James Speed | 1864-1866 | Lincoln, A. Johnson |
| Henry Stanbery | 1866-1868 | A. Johnson |
| William M. Evarts | 1868-1869 | A. Johnson |
| Ebenezer R. Hoar | 1869-1870 | Grant |
| Amos T. Akerman | 1870-1871 | Grant |
| George H. Williams | 1871-1875 | Grant |
| Edwards Pierrepont | 1875-1876 | Grant |
| Alphonso Taft | 1876-1877 | Grant |
| Charles Devens | 1877-1881 | Hayes |
| Wayne MacVeagh | 1881 | Garfield |
| Benjamin H. Brewster | 1881-1885 | Arthur |
| Augustus H. Garland | 1885-1889 | Cleveland |
| William H.H. Miller | 1889-1893 | B. Harrison |
| Richard Olney | 1893-1895 | Cleveland |
| Judson Harmon | 1895-1897 | Cleveland |
| Joseph McKenna | 1897-1898 | McKinley |
| John W. Griggs | 1898-1901 | McKinley |
| Philander C. Knox | 1901-1904 | McKinley, T. Roosevelt |
| William H. Moody | 1904-1906 | T. Roosevelt |
| Charles J. Bonaparte | 1906-1909 | T. Roosevelt |
| George W. Wickersham | 1909-1913 | Taft |
| James C. McReynolds | 1913-1914 | Wilson |
| Thomas W. Gregory | 1914-1919 | Wilson |
| A. Mitchell Palmer | 1919-1921 | Wilson |
| Harry M. Daugherty | 1921-1924 | Harding, Coolidge |
| Harlan F. Stone | 1924-1925 | Coolidge |
| John G. Sargent | 1925-1929 | Coolidge |
| William D. Mitchell | 1929-1933 | Hoover |
| Homer S. Cummings | 1933-1939 | F. Roosevelt |
| Frank Murphy | 1939-1940 | F. Roosevelt |
| Robert H. Jackson | 1940-1941 | F. Roosevelt |
| Francis Biddle | 1941-1945 | F. Roosevelt |
| Tom C. Clark | 1945-1949 | Truman |
| J. Howard McGrath | 1949-1952 | Truman |
| James P. McGranery | 1952-1953 | Truman |
| Herbert Brownell Jr. | 1953-1957 | Eisenhower |
| William P. Rogers | 1957-1961 | Eisenhower |
| Robert F. Kennedy | 1961-1964 | Kennedy, L. Johnson |
| Nicholas Katzenbach | 1965-1966 | L. Johnson |
| Ramsey Clark | 1967-1969 | L. Johnson |
| John N. Mitchell | 1969-1972 | Nixon |
| Richard G. Kleindienst | 1972-1973 | Nixon |
| Elliot L. Richardson | 1973 | Nixon |
| William B. Saxbe | 1974-1975 | Nixon, Ford |
| Edward H. Levi | 1975-1977 | Ford |
| Griffin B. Bell | 1977-1979 | Carter |
| Benjamin R. Civiletti | 1979-1981 | Carter |
| William French Smith | 1981-1985 | Reagan |
| Edwin Meese III | 1985-1988 | Reagan |
| Dick Thornburgh | 1988-1991 | Reagan, G.H.W. Bush |
| William P. Barr | 1991-1993 | G.H.W. Bush |
| Janet Reno | 1993-2001 | Clinton |
| John Ashcroft | 2001-2005 | G.W. Bush |
| Alberto R. Gonzales | 2005-2007 | G.W. Bush |
| Michael B. Mukasey | 2007-2009 | G.W. Bush |
| Eric H. Holder Jr. | 2009-2015 | Obama |
| Loretta E. Lynch | 2015-2017 | Obama |
| Jeff Sessions | 2017-2018 | Trump |
| William P. Barr | 2019-2020 | Trump |
| Merrick B. Garland | 2021-present | Biden |
Current Attorney General of the United States
Name and Appointment
The current Attorney General is Merrick B. Garland. He was confirmed by the Senate on March 10, 2021, by a vote of 70-25, and was sworn in on March 11, 2021.
President Joe Biden nominated Garland to the position after initially considering him for the Supreme Court. Garland had been nominated by President Barack Obama to the Supreme Court in 2016 but was not given a hearing or vote.
Profile
Merrick Garland was born on November 13, 1952, in Chicago, Illinois. He graduated from Harvard College in 1974 and Harvard Law School in 1977. He served as a law clerk for Judge Henry J. Friendly and then for Supreme Court Justice William J. Brennan Jr.
Garland worked as an attorney in private practice, as an assistant US Attorney in Washington, D.C., and as a prosecutor in the Oklahoma City bombing case. He was appointed to the US Court of Appeals for the D.C. Circuit in 1997 and served as its Chief Judge from 2013 to 2020.
Major Cases and Priorities
As Attorney General, Garland has focused on:
Civil Rights: The Department under Garland has prioritized civil rights enforcement, including combating voter suppression, discriminatory policing, and hate crimes.
National Security: Garland oversees the Department’s response to terrorism, cyberattacks, and foreign interference.
Criminal Justice Reform: The Department has implemented changes to reduce mass incarceration and address racial disparities in the criminal justice system.
Investigating the January 6 Attack: The Department continues its investigation into the January 6, 2021, attack on the US Capitol.
Corporate Accountability: The Department has brought major cases against corporations for fraud, antitrust violations, and environmental crimes.
Controversies
Like all Attorneys General, Garland has faced criticism from both sides. Conservatives have criticized him for perceived political bias, while progressives have criticized him for moving too slowly on policing reform and not prosecuting high-profile cases aggressively enough.
Important Supreme Court Cases
United States v. Nixon (1974)
The Supreme Court unanimously ruled that President Nixon must turn over tape recordings to the special prosecutor. The case involved the Attorney General’s duty to ensure that the President follows the law. Attorney General Elliot Richardson had appointed a special prosecutor, who then sued Nixon for the tapes.
Morrison v. Olson (1988)
The Supreme Court upheld the independent counsel statute. The case arose when the independent counsel investigated Attorney General Edwin Meese, who had been accused of misconduct. The Court held that the independent counsel could investigate the Attorney General without violating separation of powers.
United States v. Texas (2016)
The Supreme Court deadlocked 4-4 on the Obama administration’s immigration policy. The case involved the Department of Justice’s defense of the policy, and the Attorney General’s role in defending the administration’s actions.
Haaland v. Brackeen (2023)
The Supreme Court upheld the Indian Child Welfare Act. The Attorney General’s office defended the law against challenges.
Department of Commerce v. New York (2019)
The Supreme Court ruled that the Trump administration could not add a citizenship question to the census. The Attorney General’s office defended the administration but was ultimately unsuccessful.
Role During Constitutional Crises
National Emergencies
During national emergencies, the Attorney General plays a critical role. The Attorney General:
- Advises the President on the legal authority for emergency actions
- Coordinates the Department of Justice’s response
- Ensures that emergency powers are exercised within legal boundaries
- Works with the FBI and other agencies to respond to threats
Federal-State Disputes
The Attorney General often mediates federal-state disputes. The Justice Department can sue states that violate federal law. The Attorney General can also provide legal advice to the President about the extent of federal power over states.
Impeachment Proceedings
The Attorney General often advises the President during impeachment proceedings. While the White House Counsel takes the lead on impeachment issues, the Attorney General provides legal advice on constitutional questions.
Presidential Succession
The Attorney General is seventh in the presidential line of succession, after the Vice President, Speaker of the House, President Pro Tempore of the Senate, Secretary of State, Secretary of the Treasury, and Secretary of Defense.
Importance in American Democracy
Rule of Law
The Attorney General is essential to the rule of law in America. By enforcing federal laws, the Attorney General ensures that the government operates within legal boundaries and that individuals and corporations comply with the law.
Constitutional Governance
The Attorney General provides constitutional advice to the President and the executive branch. This helps ensure that the executive branch acts within constitutional limits.
Civil Rights
The Attorney General protects civil rights through enforcement of federal civil rights laws. This is a vital function in a country that has struggled with racial discrimination and inequality.
Public Interest
The Attorney General represents the public interest in federal court. In civil cases, the Attorney General often argues for the interests of taxpayers, consumers, and the environment.
Frequently Asked Questions
Who is the Attorney General?
The Attorney General is the head of the Department of Justice and the chief law enforcement officer of the federal government.
Which law established the Attorney General?
The Judiciary Act of 1789 established the office.
Who appoints the Attorney General?
The President appoints the Attorney General with the advice and consent of the Senate.
What is the salary of the Attorney General?
The salary is $221,400 per year (as of 2024).
Can the Attorney General vote in Congress?
No, the Attorney General is not a member of Congress and does not have a vote.
What is the tenure of the Attorney General?
The Attorney General serves at the pleasure of the President, with no fixed term.
Who can remove the Attorney General?
The President can remove the Attorney General at any time.
What is the difference between the Attorney General and the Deputy Attorney General?
The Deputy Attorney General is the second-in-command at the Department of Justice and assists the Attorney General in overseeing the Department.
What is the difference between the Attorney General and a state Attorney General?
The US Attorney General handles federal law and is appointed by the President, while state Attorneys General handle state law and are usually elected by voters.
Who is the current Attorney General?
Merrick B. Garland is the current Attorney General.
Who was the first Attorney General?
Edmund Randolph was the first Attorney General.
Who was the longest-serving Attorney General?
William Wirt served from 1817 to 1829, a total of twelve years.
Conclusion
Summary
The Attorney General of the United States is one of the most powerful and important offices in the federal government. As the head of the Department of Justice and the chief law enforcement officer of the federal government, the Attorney General plays a vital role in American democracy.
The Attorney General’s powers and duties are extensive, ranging from providing legal advice to the President to overseeing federal prosecutions to protecting civil rights. The office was established by the Judiciary Act of 1789 and has evolved significantly over the centuries.
Key Constitutional Points
- The Attorney General is not explicitly mentioned in the Constitution but was established by statute
- The position derives its importance from the President’s appointment power and the Take Care Clause
- The Attorney General serves at the President’s pleasure
- The Senate must confirm the appointment
Conclusion
The Attorney General occupies a unique position in American government. They are simultaneously the President’s chief legal advisor and the nation’s chief law enforcement officer. This dual role creates inherent tension but also makes the office essential to the functioning of the federal government.
Understanding the Attorney General's powers, duties, appointment process, and limitations is essential for anyone who wants to understand how the US government works. The office has evolved over two centuries and will continue to adapt to new challenges in law enforcement, civil rights, and constitutional governance.