Attorney General Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

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The role of the attorney general is to provide legal expertise and support to the government. A number of nations, from Canada to Kenya, possess an office or ministry of the attorney general. The responsibilities and institutional constraints of these offices vary by country and political context. In some countries, the office is ministerial, dealing mainly with routine litigation, while in others it is much more politicized with a diverse array of functions.

Most nations formally under British rule established an office of attorney general. Some countries codified the office in their constitutions or by statute, while others did not. There are also differences in terms of which branch of government the office is located in and the appointment process. In the United States, the attorney general is appointed by the president and confirmed by the Senate. In contrast, the Canadian attorney general is a member of Parliament appointed by the prime minister.

The office of attorney general has a long history that has roots in medieval England, when the “king’s attorney” represented the Crown’s interests in court. In 1472, the title of attorney general was used for the first time with the appointment of William Hussee, and in 1673 the attorney general became an official member of parliament in England.

Before independence from Britain, each American colony had an attorney general who served as a liaison to the English attorney general. Their duties varied from colony to colony. The first recorded appointment to the office in America was Richard Lee of Virginia in 1643.The English established similar offices in other locations throughout the British Empire to serve the interests of the Crown.

The office of attorney general is not explicitly discussed in the U.S. Constitution. It was established by the Judiciary Act of 1789 as part of the executive branch. Early in U.S. history, the office of attorney general was informally structured, low paying, and undemanding. Over the years the responsibilities of the office slowly increased. It was not until 1870, however, that Congress established the Department of Justice. As head of the department, the attorney general could better coordinate legal policy by overseeing governmental litigation. In the twenty-first century, the U.S. attorney general administers the Department of Justice, represents the government, and offers advice on legal issues, as well as plays an important role consulting the president on judicial nominations.

The office of state attorney general in the United States is older than the national office. After independence, the office was incorporated into the new state governments. The state attorney general became the chief legal officer of the state, giving legal advice, drafting legislation, writing advisory opinions, and litigating causes that are in the public interest. Through multistate litigation and filing amicus curiae briefs in federal court, state attorneys general have been able to shape and refine national domestic policy. Also, the definition of what is in a state’s interest has expanded significantly, allowing state attorneys general to influence policy on issues ranging from environmental pollution to consumer protection.

The office of attorney general, at both the state and national level, plays a critical role in the U.S. government. As the country has grown, the attorney general has been delegated more responsibilities and functions. In turn, these changes have increased the office’s prominence and policy-making potential.

The policy-making potential of the office has become more salient in other countries as well. In some nations, individual attorneys general have begun to conceptualize their role more expansively. This may lead to a new public and scholarly interest in attorneys general as political actors.

Bibliography:

Bellot, Hugh H. L. “The Origin of the Attorney-General.” Law Quarterly Review 25 (1909): 400–411.
Clayton, Cornell W. The Politics of Justice:The Attorney General and Making of Legal Policy. Armonk, N.Y.: M.E. Sharpe, 1992.
“Law Politics and the New Federalism: State Attorneys General as Policymakers.” Review of Politics 56, no. 3 (1994): 525–554.
Meador, Daniel J. The President, the Attorney General, and the Department of Justice. Charlottesville,Va.:White Burkett Miller Center of Public Affairs, 1980.
Provost, Colin. “State Attorneys General, Entrepreneurship, and Consumer Protection in the New Federalism.” Publius 33, no. 2 (2003): 37–53.
Ross, Lynne M., ed. State Attorneys General: Powers and Responsibilities. Washington, D.C.: Bureau of National Affairs, 1990.
Scott, Ian. “Law, Policy, and the Role of the Attorney General: Constancy and Change in the 1980s.” University of Toronto Law Journal 39, no. 2 (1989): 109–126.