Why a truly independent Department of Justice is essential

Discover why 43 states elect their Attorney General and how this structural change can safeguard due process and uphold the rule of law. Understand the historical context, the current challenges, and the profound benefits an elected Attorney General and Justice Board will bring to every American.

The crucial shift: elected attorney generals

Did you know 43 states now elect their Attorney General? Those states that made the switch from appointing to electing have never looked back. This isn't just a trend; it's a testament to a fundamental need for independence. The Department of Justice, established after the Civil War, aimed to defend the 13th, 14th, and 15th Amendments. Yet, it lacked provisions to protect due process from political interference. For too long, we've relied on weak administrative policies, norms, and traditions, which have repeatedly failed. Only the courageous DOJ attorneys who resigned or refused illegal orders have stood as true guardians of justice. It's time for a structural change.

The cost of interference: why now is critical

Every instance of presidential meddling in the Department of Justice erodes respect for the rule of law, creating bad headlines and constitutional crises. This pattern, spanning over 150 years since the DOJ's founding in 1870, diminishes the standing of the United States. Our founders, in their haste to curb crime and protect the newly freed, did not foresee the complexities of prosecution and did not discuss the Attorney General at the Constitutional Convention. Prosecution is barely an afterthought in the Bill of Rights and the Judiciary Act of 1789. It's clear: relying on historical oversight for modern challenges is no longer sustainable. We need a definitive solution.

Protecting your rights: the structural solution

It took a Civil War and 80 years for Congress to create the Department of Justice, mistakenly placing the Attorney General within the Presidency – the "miscellaneous" branch – rather than ensuring genuine independence. This created an irreconcilable conflict of interest, concentrating immense political and quasi-judicial power in one person. As Antonin Scalia famously said, "Structure is everything." We advocate for a structural separation of power within the Executive Branch, akin to the two houses of Congress. One branch for due process, law enforcement, and litigation; the other for policymaking and budgeting. This ensures the sanctity of due process and protects every American's rights, grounded in a written constitution, not just words.

"Structure is Everything."

Antonin Scalia