Who in the Executive Branch Is the Chief Legal Officer of State

More than 650 assistant attorneys general and more than 1,700 employees, including forensic accountants, paralegals, academics, investigators and clerks, work in the Attorney General`s Office in many locations across New York State. Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. As the nation`s top law enforcement official, Attorney General Garland leads the 115,000 Justice Department employees who work in the United States and more than 50 countries around the world. Under his leadership, the Department of Justice is dedicated to upholding the rule of law, keeping our country safe, and protecting the civil rights of all Americans. Chief Justice John Marshall noted that the executive`s power of pardon and pardon is rooted in English history and is “an act of mercy emanating from the law enforcement power and serving as a constituent part of the judicial system which the judge sees only with a judicial eye and knows nothing of a particular case. of which he is not informed in court”. 1 Justice Oliver Wendell Holmes added that pardon and executive forgiveness as “an integral part of the constitutional system” are “the determination of supreme authority that the common good is best served when less is imposed than what judgment determines.” 2 The legal functions of the Department of Legal Affairs are essentially divided into five main departments: appointments and expertise, public prosecutor`s office, criminal justice, economic justice and social justice. The Attorney General`s powers also include the activities and investigations of the State Organized Crime Task Force and the Medicaid Fraud Control Unit. Although the Attorney General acts independently of the Governor, the Governor or a state agency may ask the Attorney General to conduct certain criminal investigations and prosecutions. The constitution gives the president command of the army.

One of the reasons given by commentators for placing military power in the hands of a civilian, as opposed to a military officer, is to prevent the abuse of military power. In order to better protect against abuse, there are various controls on the power of the President`s Commander-in-Chief. Congress has the power to declare war (see “Congress”), and the War Powers Resolution limits the president`s use of armed forces to three situations: (1) a “declaration of war” by Congress, (2) when the president receives “specific legal authorization” from Congress, or (3) when there is “a national emergency caused by an attack on the United States.” its territories or possessions or its armed forces”. All implementing regulations and substantive proclamations to be issued by the President are reviewed as to form and legality by the Office of the Legal Counsel, as well as various other matters requiring the formal approval of the President. The Cabinet is an advisory body composed of the heads of the 15 executive departments. Appointed by the president and confirmed by the Senate, cabinet members are often the president`s closest confidants. In addition to leading large federal agencies, they play an important role in succeeding the president – after the vice president, the speaker of the house and the president of the senate pro tempore, the succession continues with the cabinet offices in the order in which the departments were created. All members of the cabinet bear the title of secretary, with the exception of the head of the Ministry of Justice, who is called the Attorney General. The first clause of Article II, aptly named “vesting clause,” gives executive power to the president.

Unlike the other two branches of government (see “Congress” and “Judiciary”), power in the executive branch belongs to one person. In Federalist No. 70, Alexander Hamilton emphasized the importance of a “vigorous leader,” arguing that such energy in the form of “decision, activity, secrecy, and diligence will generally characterize the trial of one man to a far greater degree than the proceedings of many.” As the firm`s third-largest department, DHS employs more than 250,000 people and spends $58 billion annually on more than 20 components, including U.S. Intelligence, Transportation Security Administration, Federal Emergency Management Agency, U.S. Coast Guard, U.S. Customs and Border Protection. U.S. immigration and customs, U.S.

citizenship and immigration, and cybersecurity and infrastructure. Security Agency. The Homeland Security Act of 2002 directed the Department to act in response to the terrorist attacks of September 11, 2002. September 2001 and brought together 22 executive authorities. The President is both Head of State and Head of Government of the United States of America and Commander-in-Chief of the Armed Forces. “The President shall be commander-in-chief of the United States Army and Navy and of the militia of the various States when called up for effective United States service.” Article II, § 2. Like the power of treaties, the President`s power to appoint various officials within and outside the executive branch depends on “the advice and assent of the Senate.” However, contrary to the wording of the Treaty, only a simple majority is required, not a qualified majority.