What are the Responsibilities and Authority of the Department of Justice
The Department of Justice officially became an agency on July 1, 1870. The act creating the department gave the responsibilities to handle the legal business of the United States. Under the act it had control over all criminal prosecutions and civil suits in which the United States had an interest. It also was empowered to have control over federal law enforcement. Through time the department has become the world’s largest law office and the central agency for enforcement of federal laws. Prior to the act of 1870 the judiciary act of 1789 created the office of Attorney General, originally a one-person part-time position.
The original act stipulated the Attorney General was to be learned in the law with the duty to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned. It also stipulated the Attorney General was to give advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of other departments, touching any matters that may concern their departments.
The department has a rich history and there have been a total of 81 distinguished Americans who have served our country as the Attorney General. As new laws are enacted and signed by the President the workload of this department increases. The various agencies within this department have their own missions and staff in connection with the overall mission of the department.
The mission of the office of the Attorney General is to supervise and direct the administration and operation of the Department of Justice. This includes the list below:
Federal Bureau of Investigation,
Drug Enforcement Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Prisons
Office of Justice Programs
U.S. Attorneys and U.S. Marshalls Service
There are a total of 45 agencies including those listed above that are a part of the Department of Justice. The function of these agencies is as broad as the scope of their individual missions within the Department of Justice. Some of these agencies and their mission are provided below to identify the scope of involvement of the Justice Department.
Antitrust Division – promote competition in the U.S. economy through enforcement of, improvements to, and education about antitrust laws and principles
Office of the Pardon Attorney – Assist the President in the exercise of his constitutional pardoning power by providing him with the best information available on which to base a fair and just decision in cases which applicants seek clemency.
National Institute of Justice – Advance scientific research, development, and evaluation to enhance the administration of justice and public safety.
INTERPOL (U.S. Central Bureau) – Facilitate international law enforcement cooperation as the United States representative to INTERPOL on behalf of the Attorney General.
Outside of the Supreme Court of the United States the Department of Justice is the highest law enforcement agency in the country. The cases in which this department is involved are often in the news. One example is the situation where a terrorist trial may be held in New York City just blocks away from where the World Trade Center once stood. This decision involves complex issues and it appears that based on an unpopular response from the public that it may be in the process of being reconsidered. The scope of the cases in which this department is involved has not deterred it as identified in the many accomplishments it has achieved. Below are only some of the accomplishments which give the appearance that regardless of who is President the department has been successful in achieving its mission. This should be the case of any federal department or agency as the employees are the ones who make their department or agency successful in their mission.
The accomplishments discussed or identified below are from the period 2001-2009. The first to be discussed is the anti-trust division. During this period the anti-trust division has obtained more than $3.5 billion dollars in criminal fines against more than 120 corporations and 160 individuals. This is the result of anti-trust prosecutions. The fines obtained in FY 2008 alone reached $801 million dollars.
The civil division of this department also had some successes. Two examples received media exposure regarding Medicare fraud which continues to be an issue. One corporation agreed to pay $919 million dollars for fraudulently inflating costs of patient care. This occurred in 2006. In another case involving healthcare fraud one corporation agreed to pay $325 million dollars in 2004. These healthcare examples came under the False Claims Act.
Another case won by this department involved defending the national motto. One plaintiff sought to have the motto “In God We Trust” removed from coins and currency printed by the Federal Government. In June 2006 a district court dismissed the case citing precedent which establishes the national motto as constitutional. The case was brought in relation to the First Amendment
The successes above are only a small portion of what this department has achieved from 2001 through 2009. In the future there will undoubtedly be more media focus on cases with which this department is involved. The number of cases and investigations conducted by this department involve a wide range of issues many of which find them being decided by the Supreme Court. As the highest law enforcement agency outside the Supreme Court the actions taken can have and has had far reaching impact on issues in society. As stated earlier there are always new laws or changes to laws enacted by each legislative session. This kind of activity creates a need for this department to understand the impact of the content and provide advice on issues that may have questions of constitutionality. Let us hope this department continues its excellent record of achievements on critical issues.
