Omar Bennett
The U.S. Department of Justice (DOJ), also known as the Justice Department, is a Federal Executive Department of the U.S. government tasked with enforcing federal law and administering justice in the United States. Despite its crucial role in the country's legal system, the Department of Justice is notably absent from the pages of the U.S. Constitution. This raises questions about the department's constitutional foundation and the extent of its independence from political influence. With its creation occurring decades after the ratification of the Constitution, the Department of Justice's authority stems from congressional acts and presidential approval rather than a direct constitutional mandate.
| Characteristics | Values |
|---|---|
| Year of creation | 1870 |
| Founding legislation | Act to Establish the Department of Justice |
| Date legislation passed | June 22, 1870 |
| Date legislation took effect | July 1, 1870 |
| Location of headquarters | Robert F. Kennedy Building, Washington, D.C. |
| Number of component organizations | Over 40 |
| Number of employees | Over 115,000 |
| Mission | To uphold the rule of law, keep the country safe, and protect civil rights |
| Motto | Qui Pro Domina Justitia Sequitur |
| Mentioned in the Constitution | No |
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What You'll Learn
The Department of Justice was created in 1870
The Department of Justice (DOJ), also known as the Justice Department, was established on July 1, 1870, during the Ulysses S. Grant presidency. The DOJ is a Federal Executive Department of the US government tasked with enforcing federal law and administering justice in the United States.
The creation of the DOJ was the result of a process that began in 1867 when the US House Committee on the Judiciary, led by Congressman William Lawrence, inquired into the formation of a "'law department' headed by the attorney general. This proposal was motivated by the need to enhance the efficiency of the government's legal departments and centralize its legal business under one department. In response, Attorney General Henry Stanbery acknowledged the necessity of appointing a solicitor general to argue the government's cases before the Supreme Court.
On February 19, 1868, Lawrence introduced a bill in Congress to establish the Department of Justice. President Grant signed the "Act to Establish the Department of Justice" into law on June 22, 1870. This act significantly expanded the attorney general's responsibilities, including supervising all United States attorneys, prosecuting all federal crimes, and representing the United States in all court actions. The attorney general also had the duty to advise the President and conduct suits in the Supreme Court concerning the United States.
The immediate function of the DOJ was to preserve civil rights and combat domestic terrorist groups, such as the Ku Klux Klan, that opposed the 13th, 14th, and 15th Amendments to the Constitution. The DOJ's efforts during the early 1870s resulted in numerous indictments and convictions of Klan members, contributing to a significant decrease in violence in the South.
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The Attorney General is the head of the DOJ
The Department of Justice (DOJ) is a Federal Executive Department of the US government tasked with enforcing federal law and administering justice in the United States. The head of the DOJ is the US Attorney General, who is the country's chief law enforcement officer. The Attorney General is nominated by the President of the United States and, following a confirmation hearing before the Senate Judiciary Committee, is appointed if approved by a majority in the Senate.
The Attorney General reports directly to the President and is a member of the President's Cabinet. They are also a member of the United States National Security Council and seventh in the presidential line of succession. The Attorney General's duties include overseeing the DOJ, enforcing federal laws, and providing legal advice and opinions to the President, the Cabinet, and the heads of executive departments and agencies. They represent the federal government in legal matters and supervise the administration and operation of the DOJ, which includes agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The office of the Attorney General was established by the Judiciary Act of 1789 as a part-time position for one person. The Act specified that the Attorney General should be "learned in the law" and have the duty to prosecute and conduct all suits in the Supreme Court concerning the United States. Over time, the workload increased, and the position transitioned to a full-time role, with several assistants hired to support the Attorney General.
The DOJ was established in 1870 during the presidency of Ulysses S. Grant, with the primary function of preserving civil rights and enforcing the 13th, 14th, and 15th Amendments to the Constitution. The creation of the DOJ increased the Attorney General's responsibilities, including the supervision of all US attorneys, the prosecution of federal crimes, and the representation of the United States in court actions.
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The DOJ's immediate function was to preserve civil rights
The US Department of Justice (DOJ) is not mentioned in the US Constitution. The DOJ was established in 1870 during the presidency of Ulysses S. Grant, around 80 years after the Constitution was ratified.
The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. It is composed of multiple agencies, including federal law enforcement agencies such as the Federal Bureau of Investigation, the US Marshals Service, and the Drug Enforcement Administration. The DOJ also includes eight divisions of lawyers who represent the federal government in litigation, including the Civil Rights Division, which prosecutes actions under several criminal civil rights statutes designed to preserve personal liberties and safety.
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The DOJ prosecutes cases involving domestic terrorist groups
The US Department of Justice (DOJ) is not mentioned in the US Constitution. The DOJ was created by Congress in 1870 during the presidency of Ulysses S. Grant. Its functions, however, date back to 1789 when the Judiciary Act established the Office of the Attorney General.
The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. The Attorney General of the United States leads the DOJ, which is composed of more than 40 separate component organizations and over 115,000 employees.
The DOJ has a long history of prosecuting cases involving domestic terrorist groups. In the early 1870s, Attorney General Amos T. Akerman and Solicitor General Benjamin H. Bristow used the DOJ to vigorously prosecute members of the Ku Klux Klan (KKK). During this time, there were 1000 indictments and over 550 convictions of Klan members. By 1871, the number of indictments had increased to 3000, with 600 convictions.
The DOJ's efforts against the KKK resulted in a significant decrease in violence in the South. Akerman himself acknowledged President Grant's strength in prosecuting terrorists. George H. Williams, who succeeded Akerman in 1871, continued to prosecute the Klan until the spring of 1873. However, due to the high volume of cases, Williams eventually placed a moratorium on Klan prosecutions as the DOJ lacked the necessary manpower.
Today, the DOJ continues to play a crucial role in counterterrorism efforts. The FBI, which falls under the DOJ, has established guidelines for counterterrorism investigations, focusing on unlawful activities rather than ideological orientations. The FBI collects information to build cases for prosecution and enhance intelligence to prevent future terrorist acts.
The DOJ's Joint Terrorism Task Forces comprise over 4,300 officers from various local, state, and federal agencies, working together to prevent and respond to terrorist attacks. These task forces collaborate closely with state and local law enforcement and the public, receiving critical tips and leads that contribute to their investigations.
In summary, while the DOJ is not explicitly mentioned in the Constitution, it has been a vital force in upholding the rule of law and protecting civil rights. The DOJ's prosecution of domestic terrorist groups, such as the KKK in the 1870s, and its ongoing counterterrorism efforts demonstrate its commitment to safeguarding the country and its citizens.
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The Attorney General's office was established in 1789
> 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, touching any matters that may concern their departments.
The workload of the Attorney General's office became too much for one person, and several assistants were hired. In 1819, the Attorney General stopped advising Congress to make the role more manageable. In 1867, the U.S. House Committee on the Judiciary conducted an inquiry into the creation of a "law department" headed by the attorney general. On February 19, 1868, Congressman William Lawrence introduced a bill in Congress to create the Department of Justice. President Ulysses S. Grant signed the "Act to Establish the Department of Justice" into law on June 22, 1870.
The modern Department of Justice is headquartered at the Robert F. Kennedy Building in Washington, D.C. It has over 115,000 employees and is composed of more than 40 separate component organisations. The Attorney General is the head of the Department of Justice and serves as the chief law enforcement officer of the federal government.
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Frequently asked questions
No, the Department of Justice (DOJ) is not mentioned in the US Constitution. The DOJ was created by an Act of Congress in 1870, almost 80 years after the Constitution was ratified.
The Department of Justice is a Federal Executive Department of the US government tasked with enforcing federal law and administering justice in the US. The DOJ is led by the US Attorney General, who is a member of the President's Cabinet and reports directly to the President.
The Department of Justice has a wide range of functions, including preserving civil rights, prosecuting federal crimes, and representing the US in court actions. The DOJ also has a role in law enforcement and the administration of federal prisons.
The creation of the Department of Justice was preceded by the establishment of the office of the Attorney General in 1789. There were earlier calls for a separate legal department to supervise the work of federal lawyers, but it wasn't until after the Civil War that Congress began seriously considering the idea. In 1867, the House Judiciary Committee inquired into the creation of a "law department," and in 1868, Representative Thomas Jenckes introduced a bill to establish the Department of Justice. The bill was signed into law by President Ulysses S. Grant on June 22, 1870.
