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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs the President really the chief law enforcement officer of the United States?
I've seen this said from time to time, but it is not listed in the Constitution as one of the powers of the President. On the other hand, one of Congress' powers is
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
So what did Congress say about what is necessary and proper for carrying out law enforcement?
28 USC 516 Conduct of Litigation Reserved to the Department of Justice
"Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General."
So the Attorney General, not the President is the chief law enforcement officer. At least that's what the law says. No doubt this will be litigated someday too, but it seems pretty plain to me.
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Is the President really the chief law enforcement officer of the United States? (Original Post)
marylandblue
Sep 2018
OP
As was recently pointed out to me, while the president, under our Constitution, is responsible
Atticus
Sep 2018
#2
The Attorney General of the U.S. is considered the "chief law enforcement officer"
dflprincess
Sep 2018
#5
htuttle
(23,738 posts)1. I think people confuse it with the 'Commander in Chief' business
Neither one means 'Dictator', as it turns out.
Atticus
(15,124 posts)2. As was recently pointed out to me, while the president, under our Constitution, is responsible
for enforcing our laws, the AG is actually the chief law enforcement "officer".
marylandblue
(12,344 posts)3. Yes, it says, " he shall take care that the laws be faithfully executed,"
The President's job is to make sure the Attorney General enforces the law. So naturally Trump is upset that Sessions actually did his job.
Generic Brad
(14,374 posts)4. He is according to Schoolhouse Rock
Louis1895
(779 posts)8. Who sang that song?
She has a beautiful voice!
Louis1895
(779 posts)9. I will answer my own question
Lynn Ahrens. She written and performed quite a bit!
dflprincess
(28,647 posts)5. The Attorney General of the U.S. is considered the "chief law enforcement officer"
pity it's currently sessions.
https://www.whitehouse.gov/about-the-white-house/the-executive-branch/
DEPARTMENT OF JUSTICE
The mission of the Department of Justice (DOJ) is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.
The DOJ is comprised of 40 component organizations, including the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Marshals, and the Federal Bureau of Prisons. The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.
marylandblue
(12,344 posts)6. For purposes of enforcing laws against Trump, it's Rosenstein
dflprincess
(28,647 posts)7. True. nt