The Constitution's Justice Department: A Founding Pillar

what part of the constitution created the justice department

The U.S. Department of Justice was created in 1870, during the presidency of Ulysses S. Grant. Its functions date back to 1789, when the Judiciary Act created the office of the Attorney General. The Attorney General was to be learned in the law and tasked with prosecuting and conducting all suits in the Supreme Court in which the U.S. was concerned. The immediate function of the Justice Department was to preserve civil rights and fight against domestic terrorist groups opposing the 13th, 14th, and 15th Amendments. The Act to Establish the Department of Justice expanded the Attorney General's responsibilities to include supervising all U.S. attorneys and prosecuting federal crimes. While the Department of Justice's role has evolved, its mission remains to uphold the rule of law, protect civil rights, and keep the nation safe.

Characteristics Values
Year of creation 1870
President during creation Ulysses S. Grant
Functions To uphold the rule of law, to keep the country safe, and to protect civil rights
Headquarters Robert F. Kennedy Building in Washington, D.C.
Number of Component Organisations More than 40
Number of Employees More than 115,000
Supervision Attorney General of the United States

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The Department of Justice was created in 1870

The Department of Justice (DOJ) was created in 1870, during the presidency of Ulysses S. Grant. The DOJ was established by the 41st United States Congress, which passed a bill to create a separate legal department to supervise the work of federal lawyers and centralize the government's legal business.

The immediate function of the DOJ was to preserve civil rights and fight against domestic terrorist groups who opposed the 13th, 14th, and 15th Amendments to the Constitution. The DOJ set about vigorously prosecuting members of the Ku Klux Klan, with over 550 convictions in the early 1870s. The "Act to Establish the Department of Justice" increased the responsibilities of the Attorney General, who was now tasked with supervising all United States attorneys, prosecuting federal crimes, and representing the United States in court actions.

The DOJ is composed of more than 40 separate component organizations and over 115,000 employees. It includes federal law enforcement agencies such as the Federal Bureau of Investigation, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The DOJ also has eight divisions of lawyers who represent the federal government in litigation, including the Criminal, Civil, Antitrust, Tax, Civil Rights, and National Security Divisions.

The creation of the DOJ was a significant development in the history of the United States, ensuring the rule of law, protecting civil rights, and upholding the independence of the judiciary from political influence. The DOJ's role has expanded over time, and it continues to play a crucial role in the country's justice system.

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The Attorney General's office was established in 1789

The Attorney General was to be "learned in the law", with the duty to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give their advice and opinion on legal matters when required by the President of the United States. The Attorney General was also to advise the President on legal matters and represent the United States in all civil and criminal trials before the district courts.

The workload of the Attorney General's office quickly became too much for one person, and assistants were hired to help with the work. In 1819, the Attorney General stopped advising the President and Congress to ensure a more manageable workload and began advising Congress alone.

It was not until 1870, during the Ulysses S. Grant Presidency, that the Department of Justice was created. The immediate function of the Department was to preserve civil rights and fight against domestic terrorist groups who opposed the 13th, 14th, and 15th Amendments to the Constitution. The creation of the Department of Justice also drastically increased the Attorney General's responsibilities, giving them supervision of all United States attorneys and the prosecution of all federal crimes.

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The Attorney General's role has expanded over time

The role of the Attorney General has evolved significantly since the Judiciary Act of 1789 established the position as a part-time job for one person. The Attorney General is now the head of the Department of Justice and the principal legal advisor to the president of the United States. They also serve as the chief law enforcement officer of the federal government, overseeing the enforcement of federal laws.

The creation of the Department of Justice in 1870 during the presidency of Ulysses S. Grant further expanded the Attorney General's role. The "Act to Establish the Department of Justice" increased the Attorney General's responsibilities to include supervising all United States attorneys, prosecuting all federal crimes, and representing the United States in all court actions. The Attorney General's role in preserving civil rights and fighting domestic terrorist groups opposing constitutional amendments, such as the Ku Klux Klan, in the early years of the Department of Justice is notable.

Over time, the Attorney General's role has continued to evolve through congressional legislation. For example, the PATRIOT Act in 2001 expanded the Department of Justice's surveillance and investigative authority in matters of terrorism and national security, impacting the scope of the Attorney General's responsibilities. Additionally, the Attorney General advises the president on appointments to federal judicial positions and Department of Justice roles, such as U.S. Attorneys and U.S. Marshals. As the chief legal officer, the Attorney General also serves as a counsellor to state government agencies and legislatures and represents the public interest.

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The DOJ's immediate function was to preserve civil rights

The US Department of Justice (DOJ) was created in 1870 during the presidency of Ulysses S. Grant, over 80 years after the Constitution was ratified. The immediate function of the DOJ was to preserve civil rights.

The DOJ was established to fight against domestic terrorist groups who were using violence and litigation to oppose the 13th, 14th, and 15th Amendments to the Constitution. In particular, the DOJ set about prosecuting members of the Ku Klux Klan (KKK). During the first few years of Grant's first term in office, there were 1000 indictments against Klan members, with over 550 convictions from the DOJ. By 1871, there were 3000 indictments and 600 convictions, with ringleaders serving up to five years in prison.

The establishment of the DOJ also drastically increased the responsibilities of the Attorney General. The Attorney General was now responsible for supervising all United States attorneys, prosecuting all federal crimes, and representing the United States in all court actions. The law also created the office of the Solicitor General, who would supervise and conduct government litigation in the Supreme Court.

The mission of the DOJ is to uphold the rule of law, keep the country safe, and protect civil rights. The DOJ consists of multiple components and agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Drug Enforcement Administration (DEA), and is composed of more than 40 separate organizations and over 115,000 employees. The DOJ maintains field offices in all states and territories across the US and in more than 50 countries worldwide.

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The DOJ was created by a bill introduced by Thomas Jenckes

The creation of the Department of Justice (DOJ) was a result of a bill introduced by Representative Thomas Jenckes of Rhode Island in 1868. Jenckes, considered a "reformer", was an early advocate of civil service reform and was known as "the father of civil service".

The bill was introduced in response to the Senate Committee on the Judiciary's request for Attorney General Henry Stanbery to address questions regarding the efficiency of the government's legal departments. Stanbery's response highlighted the need for a solicitor general to argue the government's cases before the Supreme Court and centralize the legal business under one department.

Jenckes' bill aimed to professionalize government lawyers by reorganizing them under the Office of the Attorney General, making them more independent and exclusive, and less influenced by partisan politics. The bill also sought to increase the federal government's capacity to litigate, which had increased significantly following the Civil War.

The bill was passed by the 41st Congress in 1870, during the presidency of Ulysses S. Grant, and was signed into law on June 22, 1870, with the new department coming into existence on July 1 of that year. The immediate function of the DOJ was to preserve civil rights, specifically by fighting against domestic terrorist groups, such as the Ku Klux Klan, who opposed the 13th, 14th, and 15th Amendments to the Constitution.

Frequently asked questions

The Justice Department was created in 1870, during the presidency of Ulysses S. Grant.

The Justice Department's immediate function was to preserve civil rights. It set out to fight against domestic terrorist groups who were using violence and litigation to oppose the 13th, 14th, and 15th Amendments to the Constitution.

The office of the Attorney General was created by the Judiciary Act of 1789 as a part-time position for one person. The Attorney General's role was to advise the U.S. Congress and the President on legal matters.

In 1867, the Senate Committee on the Judiciary raised concerns about the efficiency of the government's legal departments. The Attorney General at the time, Henry Stanbery, suggested that a solicitor general was needed to argue the government's cases before the Supreme Court. He also recommended centralizing the legal business under one department.

Edmund Randolph was George Washington's first Attorney General.

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