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marylandblue

(12,344 posts)
Tue Sep 4, 2018, 09:23 PM Sep 2018

Is the President really the chief law enforcement officer of the United States? [View all]

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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