Department of Justice

Historical Overview

The attorney general's position was established by the Judiciary Act of 1789, although DOJ itself was not created until 1870, after many years of discussions and pleadings with presidents and politicians [Page 617]regarding the scope and responsibilities of the attorney general. George Washington initiated the practice of inviting the attorney general to cabinet meetings. From the beginning, the ideals of justice and freedom translated to the necessity of laws fairly administered governing citizen to citizen and citizen to government relations. The department's motto, Qui Prodomina Justitia Sequitur, has British origins with an American application that, in essence, states that the attorney general prosecutes on behalf of justice. The attorney general serves as the lawyer for the federal government and prosecutes government interests before the Supreme Court.

The department was created through an act of Congress in 1870 that was introduced by Congressman Thomas A. Jenckes (R-RI), who convinced fellow legislators of the necessity to exercise all legal authority and administrate all legal issues affecting the country under one legal department. Under the act, the attorney general was given supervisory powers over district attorneys, U.S. marshals, administrative staff, and all officers of the federal courts, duties that had previously been assigned to the secretary of the Interior.

DOJ, more than any other executive department, has reflected the changing political landscape of American society. After the Civil War many citizens had claims against the government regarding damaged or confiscated property or companies as a result of wartime contracts. The country was more and more involved in commercial activities and the need for legal counsel became evident. As specialized lawsuits and cases were brought against the government, the development of specialized divisions evolved. Congress enacted the first criminal statute in 1790 and a unified criminal code followed in 1883. Citizens were concerned that such a centralized authority would undo the freedoms they fought to win when they left England. However, when the nation entered an isolationist period, many citizens blamed high rates of immigration to the United States for higher rates of crime and violence, a concern that propelled the department's role. Both the assassination of President James A. Garfield in summer 1881 and the Haymarket Riots five years later seemed to confirm citizens' fears that American life was at risk. Congress was slow to act and Attorney General Benjamin Brewster took responsibility for addressing these circumstances and the Criminal Division proceeded to prosecute acts against federal criminal statute.

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