Why the Head of the Department of Justice is Not Called the Secretary

Every organization has its chief executive or head that oversees and manages its operations. In the case of the United States Department of Justice (DOJ), the head of the department is not referred to as the 'Secretary,' a title often associated with other federal agencies. This article explores the reasons behind this unique title and the historical context that shaped the role of the Department of Justice's leader.

Historical Context: The Creation of the Department of Justice

The U.S. Department of Justice was established in 1870, solidifying the role of the Attorney General as the head of this new department. However, the use of the title 'Attorney General' in the U.S. government predates the creation of the Department of Justice. The Judiciary Act of 1789 established the federal judiciary and created the Office of the Attorney General to serve as the chief legal advisor to the President and the executive branch.

Practical and Historical Reasons for the 'Attorney General' Title

The choice to retain the title 'Attorney General' is rooted in practical and historical reasons. Ulysses S. Grant, who was from the U.S. Army, is credited with the creation of the Department of Justice. His background in the military does not align with the civilian oversight role that the Department of Justice was designed to fulfill.

The Department of Justice was established to address federal legal issues and maintain order across the country. Unlike other departments that are responsible for specific areas of public policy or administration, the Department of Justice focuses mainly on legal matters, law enforcement, and the administration of justice. The Attorney General, therefore, serves as the chief law enforcement officer of the United States, responsible for upholding federal law.

The Role and Duties of the Attorney General

Once appointed, the Attorney General is confirmed by the Senate and serves as the chief law enforcement officer. Their responsibility is to ensure the fair and equitable administration of justice. The role of the Attorney General is independent and not solely as the President's 'deputy' or personal advisor. This independence is crucial for maintaining the integrity and impartiality of the legal system.

Comparison with Other Federal Departments

Unlike other federal departments that have titles reflecting their cabinet position, such as the Secretary of State or the Secretary of the Treasury, the Department of Justice retains a title that reflects its unique role. The title of 'Attorney General' distinguishes it from other executive branch departments and emphasizes its specialized function in legal and law enforcement matters.

Conclusion

The title 'Attorney General' for the head of the Department of Justice is a reflection of the department's unique role in the U.S. government. It is rooted in the historical context of the department's creation and the practical need for a leader with a deep understanding of legal proceedings and law enforcement. The Attorney General's role is crucial, ensuring the fair and impartial administration of justice in the United States and upholding the law across the nation.