Jonah Patel
The US Department of Justice (DOJ) is not mentioned in the US Constitution. The modern incarnation of the DOJ was created in 1870 during the Ulysses S. Grant Presidency, around 80 years after the Constitution was ratified. The DOJ's immediate function was to preserve civil rights and fight against domestic terrorist groups who were using violence and litigation to oppose the 13th, 14th, and 15th Amendments to the Constitution. The Attorney General, who leads the DOJ, is also responsible for upholding the rule of law, keeping the country safe, and protecting civil rights.
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What You'll Learn
- The Department of Justice is not mentioned in the US Constitution
- The Attorney General is the head of the Justice Department
- The Judiciary Act of 1789 created the Attorney General role
- The Justice Department upholds the rule of law and civil rights
- The Justice Department is not independent of the President
The Department of Justice is not mentioned in the US Constitution
The US Constitution is the ultimate organic law of the United States, and as such, it does not mention the Department of Justice (DOJ). The modern DOJ was created in 1870 during the presidency of Ulysses S. Grant, around 80 years after the Constitution was ratified.
The functions of the DOJ, however, can be traced back to 1789 when the office of the Attorney General was established by the Judiciary Act. The Attorney General was to be "'learned in the law'" and was tasked with prosecuting and conducting suits in the Supreme Court, as well as providing legal advice to the President and other departments. Over time, the workload increased, and assistants were hired.
The immediate function of the DOJ when it was established was to preserve civil rights and fight against domestic terrorist groups, such as the Ku Klux Klan, who opposed the 13th, 14th, and 15th Amendments to the Constitution. The "Act to Establish the Department of Justice" significantly increased the Attorney General's responsibilities, including supervising all US attorneys, prosecuting federal crimes, and representing the US government in court.
The DOJ is composed of more than 40 separate component organizations and over 115,000 employees. It maintains field offices in all states and territories of the US and in more than 50 countries worldwide. The mission of the DOJ is to uphold the rule of law, keep the country safe, and protect civil rights, with a focus on independence, impartiality, honesty, integrity, respect, and excellence.
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The Attorney General is the head of the Justice Department
The Attorney General is the head of the United States Department of Justice and the chief law enforcement officer of the federal government. The Attorney General acts as the principal legal advisor to the President of the United States on all legal matters. The Attorney General is also a statutory member of the Cabinet of the United States and a member of the United States National Security Council. The Attorney General is seventh in the presidential line of succession.
The office of the Attorney General was established by the Judiciary Act of 1789 as a part-time position. The Attorney General's original duties included prosecuting and conducting all suits in the Supreme Court in which the United States was concerned and providing legal advice and opinions to the President and the heads of government departments when requested. Over time, the role evolved and expanded, and in 1870, the Department of Justice was established to support the Attorney General in carrying out their responsibilities.
The Attorney General's responsibilities include overseeing the United States Department of Justice, enforcing federal laws, and providing legal advice and opinions to the President, the Cabinet, and the heads of executive departments and agencies. The Attorney General represents the federal government in legal matters and supervises the administration and operation of the Department of Justice, which includes various agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The Attorney General also plays a role in advising the President on appointments to federal judicial positions and Department of Justice roles. The current Attorney General of the United States is Pam Bondi, who was sworn in on February 5, 2025. She previously served as the Attorney General of Florida and has a background in prosecution, with a focus on making Florida a safer state.
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The Judiciary Act of 1789 created the Attorney General role
The Judiciary Act of 1789, enacted on September 24, 1789, created the role of Attorney General, marking the establishment of the federal judiciary system in the United States. This act, authored by Senators Oliver Ellsworth and William Paterson, was a response to Article III, Section 1 of the Constitution, which called for the establishment of a court structure for the new national government.
The Judiciary Act of 1789 established a three-part judiciary, consisting of district courts, circuit courts, and the Supreme Court, outlining the structure and jurisdiction of each branch. The Act also specified the qualifications and authority of federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals.
The role of the Attorney General, as outlined in the Act, was to represent the United States before the Supreme Court. This position was initially part-time and held by a single individual, who also provided legal advice to the US Congress and the President. However, in 1819, the role shifted to advising Congress exclusively, as the workload became more manageable. The Attorney General's responsibilities expanded significantly over time, including supervising all United States attorneys, prosecuting federal crimes, and representing the United States in court proceedings.
The establishment of the Attorney General role through the Judiciary Act of 1789 laid the foundation for the creation of the Department of Justice in 1870 during the presidency of Ulysses S. Grant. The immediate function of the Department of Justice was to preserve civil rights and combat domestic terrorist groups, such as the Ku Klux Klan, who opposed amendments to the Constitution. The Department's field offices extend across the United States and are present in over 50 countries worldwide.
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The Justice Department upholds the rule of law and civil rights
The Justice Department, also known as the Department of Justice (DOJ), is responsible for upholding the rule of law and protecting civil rights. It was established in 1870 during the presidency of Ulysses S. Grant, with the primary function of preserving civil rights. The 13th, 14th, and 15th Amendments to the Constitution were under threat from domestic terrorist groups, including the Ku Klux Klan, who sought to oppose them through violence and litigation.
The DOJ's mission is to uphold the rule of law, keep the country safe, and protect civil rights. It operates with independence and impartiality, following the facts and the law without prejudice or improper influence. The DOJ is composed of more than 40 separate component organizations and over 115,000 employees, all working towards these goals. The organization of the DOJ was part of an effort to control patronage and improve the status of lawyers.
The Attorney General leads the DOJ and is the United States' chief law enforcement officer and chief lawyer. The Attorney General's role was established by the Judiciary Act of 1789 as a part-time position for one person, but it has since grown significantly. The Attorney General's responsibilities include supervising all United States attorneys, prosecuting federal crimes, and representing the United States in court actions.
The DOJ's field offices are present in all states and territories of the United States, as well as in over 50 countries worldwide. The department has a wide reach and plays a crucial role in maintaining law and order, as well as protecting the rights of citizens. The DOJ's work is essential to ensuring that the Legislative and Executive Branches do not exceed their constitutionally-granted powers.
While the DOJ itself is not mentioned in the Constitution, its work is deeply rooted in upholding and protecting the principles outlined in this foundational document. The judicial power, as outlined in Article III of the Constitution, gives the Supreme Court jurisdiction over a wide range of cases, including those involving the interpretation of the Constitution, laws of the United States, and treaties. The DOJ plays a crucial role in ensuring that the judicial system functions effectively and that the rights and freedoms outlined in the Constitution are protected and upheld.
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The Justice Department is not independent of the President
The Justice Department, also known as the Department of Justice (DOJ), is a part of the federal executive branch and is composed of more than 40 separate component organizations and over 115,000 employees. It was created by the U.S. Congress in 1870 during the presidency of Ulysses S. Grant. The functions of the Justice Department date back to 1789, when Congress established the office of the Attorney General.
Despite claims by some that the Justice Department is independent of the President, this is not the case. The Justice Department is a part of the executive branch, which is headed by the President. The President has the power to appoint and remove special counsels within the Justice Department, and the Department's policies can change according to the President's wishes. For example, President Joe Biden has supported the idea of shared executive power, and under his administration, the Justice Department has moved away from using subpoenas to obtain records.
Additionally, the Attorney General, who leads the Justice Department, is a member of the President's Cabinet and is responsible for providing legal advice to the President. While the Attorney General is expected to uphold the rule of law, ensure impartiality, and maintain the public's trust, they are ultimately answerable to the President.
The misconception of the Justice Department's independence may stem from a misinterpretation of the Constitution and a failure to understand the historical context of the federal government's structure. The influence of the President over the Justice Department is a central aspect of America's democratic experiment, and it is essential to recognize that the Department operates within the executive branch, headed by the President.
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Frequently asked questions
No, the US Department of Justice (DOJ) is not mentioned in the US Constitution.
The mission of the Justice Department is to uphold the rule of law, keep the country safe, and protect civil rights.
The Justice Department was created in 1870 during the presidency of Ulysses S. Grant.
The Justice Department is composed of more than 40 separate component organizations and over 115,000 employees, led by the Attorney General of the United States.
