A Constitutional Question About The Department of Justice

[ThomWV]

Why is the Department of Justice an agency under the President rather than an office under the Congress? Why does the sheriff work for the king rather than the people?

[annabanana]

1. Interesting question, given the Founding Father's distrust

of an overweening executive.

[izzie]

2. Guess I will have to look it up in the Federalist Papers.

Does seem to me that it may have been sort of a handed down custom. Sort of like it was OK to own people and your wife. The whole serf business stuff. The early people did a lot of thing different but even they were not so brave as make women, Indians or black people equal to them self. Many people still think they own their children and can do any thing they like to them. If I re-call my history, but I will not swear to this, animal laws came in before laws on children, women, Indians, and blacks got on the books. I guess if your the top people in the govt. like a President or King you need the law people to carry out all those things so you keep the power.. Interesting question.

[ThomWV]

3. I understand the Sheriff's role in collecting the King's taxes, but why enforcing the people's laws?

[izzie]

6. Did not think of it in that light. Course Bush signs statement and

goes by his own laws. I will keep at this one. It is interesting.

[nemo137]

4. Article 2, Section 3, Clause 4

"he shall take Care that the Laws be faithfully executed."

Enforcement of the laws falls under the executive branch. Making the laws is part of the legislative branch. Justice Department enforces laws, so they go under the executive.

[izzie]

7. I think I understand that but the question was why.

Our President job is to do that but what about this one that does these signing statements and does not do the laws passed by the people? Could the system have worked better with Congress doing that job? I find it an interesting question. I do think with over sight they, Congress, has the means to make the President do it but the Congress did not do that. Now what do you do?

[nemo137]

9. I'm not sure I understand your question

Are you asking whether we ought to change the system because we have a bad president? Are you wondering whether having the DoJ under Congress would have prevented that?

[BuyingThyme]

5. Write the law, interpret the law, enforce the law.

He's the decider... Ummm enforcer.

[TahitiNut]

8. It's a fundamental of management control that duties of oversight are separate from ...

... operations. This comes up quite often in corporations where the Internal Audit function is asked to assist/advise (more than by review and recommend) in the design of business processes and procedures - a 'baaad idea' since they they are less inclined to 'see' the failures of the operation when performing audits.

The Justice Department is an operational function of the federal government. Having it report to Congress - even an executive function beneath Congress - creates a conflict of interest. The troika of our government separates the Enactment, Enforcement, and Judicial function of the Rule of Law in a manner that gives no total control over the Law to any branch. Theoretically, the Justice Department is the enforcement function - FBI, etc. - and chief policing function. (Did you know that, in a city, the police typically report, at least formally if not administratively, to the District Attorney's Office? )

[melm00se]

10. separation of powers

The legislative branch makes the laws
The judicial branch interprets them
and that leaves only 1 branch left to enforce.