Discover how states across the nation have embraced the election of their Attorney General, laying the groundwork for a more just and accountable Department of Justice. We believe that mere execution Congressional programs in the political process must be separated from the nonpolitical due process of investigation, apprehension, indictment, and prosecution by so-called quasi-judicial department.

“Laboratories of Democracy”

State precedent in action

The unyielding trend: States electing their attorney general

Currently, 43 states elect their Attorney General, demonstrating a strong precedent for an independent chief legal officer. A remarkable fact is that no state that has switched from appointing to electing its Attorney General has ever reverted to the appointment system. This highlights the perceived benefits and public satisfaction with an elected Attorney General.

Appointment vs. election: The impact on due process

States with smaller populations, and fewer candidates, often choose to appoint their Attorney General, primarily because the candidate must possess specific qualifications, education, and experience for the office. Also, states that appoint their Attorney General sometimes make it difficult to remove the Attorney General or limit their powers to protect citizens. Without this protection, a dangerous concentration of power and potential political influence over the impartial application of law will lead to tyranny. 

Lessons for the nation: Constitutional Crises involving the U.S. Attorney  General

The historical record shows that from the early 20th century to the present, presidential interference with the Department of Justice has frequently resulted in constitutional crises. The Attorney General, as an "officer of the court," requires ethical conduct, education, and professionalism, free from political pressure. Electing the U.S. Attorney General would create a crucial structural separation of power within the Executive Branch, ensuring the sanctity of due process. As Antonin Scalia famously stated, “Structure is Everything.”