Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

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?

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.

9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Is the President really the chief law enforcement officer of the United States? (Original Post) marylandblue Sep 2018 OP
I think people confuse it with the 'Commander in Chief' business htuttle Sep 2018 #1
As was recently pointed out to me, while the president, under our Constitution, is responsible Atticus Sep 2018 #2
Yes, it says, " he shall take care that the laws be faithfully executed," marylandblue Sep 2018 #3
He is according to Schoolhouse Rock Generic Brad Sep 2018 #4
Who sang that song? Louis1895 Sep 2018 #8
I will answer my own question Louis1895 Sep 2018 #9
The Attorney General of the U.S. is considered the "chief law enforcement officer" dflprincess Sep 2018 #5
For purposes of enforcing laws against Trump, it's Rosenstein marylandblue Sep 2018 #6
True. nt dflprincess Sep 2018 #7

htuttle

(23,738 posts)
1. I think people confuse it with the 'Commander in Chief' business
Tue Sep 4, 2018, 09:26 PM
Sep 2018

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
Tue Sep 4, 2018, 09:31 PM
Sep 2018

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,"
Tue Sep 4, 2018, 09:36 PM
Sep 2018

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.

dflprincess

(28,075 posts)
5. The Attorney General of the U.S. is considered the "chief law enforcement officer"
Tue Sep 4, 2018, 09:50 PM
Sep 2018

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.
Latest Discussions»General Discussion»Is the President really t...