Should the U.S. Department of Justice join the Legislative Branch as a quasi-congressional agency e.g. GAO?
Serious answers please!
Would a constitutional amendment be needed?
I have seen fiction like: 24 (Season Five), The Bourne Ultimatum, Shooter, The Pelican Brief, The Manchurian Candidate, and V for Vendetta. I know that these things are fictional, but wouldn't you feel better if power was shared between 535 instead of 1. Nixon basically fired his AG and any President can do the same if he or she wishes. In a way, the AG is the most important individual in America.
I think the Framers intended for Congress to have somewhat more power than the President or Supreme Court, even with checks-and-balances. And the Founders even check-and-balanced the Legislative Branch itself with two distinct houses. However "real" power lies in the Senate, especially because of the 17th Amendment.
In a related matter I strongly believe that the unitary executive theory is dangerous and a load of crap. Presidents should not have the executive privilege to lie to Congress, DEM or REP.
- Anonymous1 decade agoFavorite Answer
You're right w/o Congress usurping it's role re checks n balances they are putting this country in serious danger. With the AG's hand picked with a certain agenda with the likes of J Sutton--there will be no justice only bias in favor of neo's.
- 1 decade ago
Article 2, Section 2...
"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
Key point seems to be 'and all other Officers of the United States, whose Appointments are not herein otherwise provided for'.
I think Congress should not have more power over the Supreme Court. As Congress is subject to the whims of the day, the Supreme Court should be empowered to halt politically expedient assaults on the Constitution.
Back to your primary question; yes. Amendment would be necessary.