An effective constitutional solution would be for the President to only fire an attorney general if there is clear evidence of misconduct, thus protecting attorneys general from being fired due to their policy positions, such as refusal to defend abortion rights or New York’s smoking ban.
The President
As legal advisor to the president, the attorney general serves to ensure federal laws are properly executed. Their role combines political with legal concerns; sometimes it can be hard to separate these aspects of their job description.
Early attorneys general were independent from both the judiciary branch and other Cabinet members; they did not even share offices or budgets. Instead, they wrote their documents longhand themselves and hired staff at their own cost.
In 1789, our founding fathers established the position of attorney general as part of their plan for setting up the Supreme Court and lower federal courts. Furthermore, they stipulated that it be appointed by the president in order to keep close ties between executive and judicial branches of government.
Politically, this means the attorney general must prioritize presidential agenda items at the expense of constitutionally protected civil liberties. Attorney General Barr recently fired Eric Berman after his successful prosecutions of Trump associates and investigation of conflicts of interest concerning President Trump’s personal lawyer.
The Governor
The attorney general serves as chief legal officer for their state government and serves as counsel to all boards and agencies within it, representing it against lawsuits brought against it and defending individuals who break state laws or regulations from legal actions brought against them.
The Attorney General serves as advisor to the Governor and may be asked for legal opinions regarding statutes or state policies, which often become official law. These opinions may also be published as formal letters.
Attorneys general are elected statewide officials with term limits just like other state leaders. Although it’s possible for an AG to run for governorship; Arkansas has had three AGs become governor, including Bill Clinton himself! But most AGs tend to shy away from challenging their fellow politicians for this post and only a minority eventually end up serving in that role.
The Legislature
The State legislature serves as the law-making branch of state government. Comprised of both a Senate and an Assembly elected from districts across the State for two-year terms, each body comprises specific numbers of representatives elected for two-year terms by district voting districts. The Attorney General represents State interests before both houses while providing legal guidance to major agencies, boards, commissions, officials and institutions within State government.
Attorneys General serve as legal advisors and advocates for their citizens, serving as advisors to Governors, legislators, and as advocates. AGs defend actions brought against people or companies violating State laws with proceedings filed. AGs take these actions pursuant to parens patriae – the legal principle which states they have an obligation to protect those unable to protect themselves. Working closely with their federal counterparts they enforce national laws while writing regulations in areas like consumer protection, toxic waste regulation, non-profit/charity law and business regulation regulations.
Constitutionally, only the President is empowered to nominate and confirm an attorney general nominee. While Senate committees may propose conditions or limitations upon an nominee’s nomination, ultimately it rests with him or her alone to accept or decline them.
The Courts
Attorneys general oversee the Department of Justice and its agencies, such as the Federal Bureau of Investigation, Drug Enforcement Administration, Alcohol, Tobacco, Firearms and Explosives as well as providing oversight over 93 U.S. attorneys located throughout the country who enforce federal laws.
Attorneys General are sometimes sued by state residents against actions taken by federal government that violate statute or the Constitution, such as predatory landlords harassing tenants or companies violating environmental protection laws. AGs possess broad investigative and enforcement powers under parens patriae which allows them to protect citizens when they cannot protect themselves.
As with other cabinet-level positions, the attorney general is appointed under level I of the Executive Schedule and earns pay that corresponds with this appointment. To help maintain continuity while waiting for Senate confirmation of his or her replacement attorney general nominees, presidents frequently nominate a deputy attorney general to act as acting AG during that period.