When Congress created the executive departments, it did not specify who should or should not be members of the president's cabinet, and it could not predict the level of influence held by any one individual. A department of justice was first suggested in 1851 by Alex H. H. Stuart, secretary of the newly established No action was taken by Congress until February 25, 1870, when the Joint Committee on Retrenchments (appointed to find ways of reducing government expenditures) drafted a bill to consolidate legal functions and create a department of justice. Subsequently, many of the issues caused or influenced by conflicting allegiances were dissolved or clarified through administrative policy and legislation.Recommendations that a department of law be created by Congress were discussed as early as 1830 and were championed by numerous presidents and attorneys general. Together, Attorneys General Randolph, Bradford, and Lee wrote more than 40 formal opinions on such diverse issues as The limited duties outlined for the attorney general by the First Congress, along with the lack of perquisites for the office, made it hard for presidents to attract qualified appointees and keep them in office.
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In fact, Randolph did not profit much from the prestige of the office during or after his tenure. Even President Washington had difficulty convincing his personal attorney and long-time friend, Randolph, to take the job. As head of the Justice Department, the attorney general is charged with enforcing federal laws, furnishing legal counsel in federal cases, construing the laws under which other executive departments act, supervising federal penal institutions, and investigating violations of federal laws. The Office is supported by the Arbitration Unit of the Legal Policy Division, the International Organisation and Legal Cooperation Team of the International Law Division and the Mediation Team of the Civil Division.The department considers that part of its role is to promote understanding in the community of Hong Kong's legal system. Attorneys general were often asked to deliver opinions to Congress on legislative proposals, and they came to be viewed as authorities on constitutional issues—much to the chagrin of both legislators, who frequently disagreed with their interpretations, and members of the judiciary, who assumed that they themselves were the final arbiters in constitutional matters.The attorney general has also been said to straddle the legal and political worlds. The Secretary for Justice's Office provides legal and administrative support in respect of the Secretary for Justice's many functions. The attorney general's role in policy making soon brought into question the extent to which party lines and presidential preferences influenced his or her legal advice. He or she is generally entrusted with the duties of prosecuting suits and proceedings involving state government and advising the governor and other administrative officers of the state government.
Although the attorney general advises the president, the basic authority of the office is derived from Congress and the functions of the office are subject to congressional control. The unit also co-ordinates the preparation of educational materials and publications to introduce aspects of Hong Kong's legal system and foster commitment to the rule of law. Arrangements are also made for counsel to contribute articles to newspapers on a variety of law-related issues. Members of the office ensure that the Secretary is fully briefed on the issues which arise, assist in the analysis of those issues, and help to prepare speeches and responses.The Inclusive Dispute Avoidance and Resolution Office provides support to the Secretary for Justice in planning and taking forward initiatives and programmes which contribute to the enhancement of Hong Kong’s role as an ideal hub for deal making and a leading centre for international legal and dispute resolution services in the Asia-Pacific region and beyond. In addition, the attorney general is a member of the bar and therefore an officer of the court subject to the directives of the judicial branch.Although the First Congress defined the relationship between the attorney general and the president, it did not define the relationship between the attorney general and Congress. In fulfilling the advisory function of the office, attorneys general are often requested to draft American Enterprise Institute for Public Policy Research. In the early years, the attorney general did not have cabinet rank but served as counsel to those who did. Posted on July 23, 2020 by Mike Buchanan.