Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990
The U.S. Attorney General is forever caught between competing demands: on one side, his political duties as cabinet appointee and adviser to the president; on the other, his quasi-judicial responsibilities as chief law officer of the nation. In theory the two sets of responsibilities coexist peacefully. In reality they often clash.

In Conflicting Loyalties, political scientist Nancy Baker provides the first comprehensive analysis of the history and structure of the office of the U.S. Attorney General, an office that legal scholars have described as "schizophrenic." Her study documents how they have differed in their responses, seeing themselves either as advocates of the president or as neutral expounders of the law. Combining historical analysis with legal and political theory, Baker shows how this implicit conflict has evolved from the earliest days of the Republic, when the attorney general was primarily an adviser, to the present day, when he administers the huge bureaucracy of the Department of Justice.

Using both archival materials and personal interviews, Baker analyzes how the seventy-five men who have held the post of attorney general have managed the conflict of loyalties. In particular, she focuses on Robert Kennedy, Edwin Meese, Elliot Richardson, Griffin Bell, Robert Jackson, Edward Levi, A. Mitchell Palmer, and Roger Taney. She also examines how the office has been affected by scandals in various administrations, including the Red scare of 1919-20, Teapot Dome, Watergate, and Iran-Contra. The book concludes with an exploration of arguments for reforming the office.
1125794675
Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990
The U.S. Attorney General is forever caught between competing demands: on one side, his political duties as cabinet appointee and adviser to the president; on the other, his quasi-judicial responsibilities as chief law officer of the nation. In theory the two sets of responsibilities coexist peacefully. In reality they often clash.

In Conflicting Loyalties, political scientist Nancy Baker provides the first comprehensive analysis of the history and structure of the office of the U.S. Attorney General, an office that legal scholars have described as "schizophrenic." Her study documents how they have differed in their responses, seeing themselves either as advocates of the president or as neutral expounders of the law. Combining historical analysis with legal and political theory, Baker shows how this implicit conflict has evolved from the earliest days of the Republic, when the attorney general was primarily an adviser, to the present day, when he administers the huge bureaucracy of the Department of Justice.

Using both archival materials and personal interviews, Baker analyzes how the seventy-five men who have held the post of attorney general have managed the conflict of loyalties. In particular, she focuses on Robert Kennedy, Edwin Meese, Elliot Richardson, Griffin Bell, Robert Jackson, Edward Levi, A. Mitchell Palmer, and Roger Taney. She also examines how the office has been affected by scandals in various administrations, including the Red scare of 1919-20, Teapot Dome, Watergate, and Iran-Contra. The book concludes with an exploration of arguments for reforming the office.
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Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990

Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990

by Nancy V. Baker
Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990

Conflicting Loyalties: Law and Politics in the Attorney General's Office, 1789-1990

by Nancy V. Baker

Hardcover

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Overview

The U.S. Attorney General is forever caught between competing demands: on one side, his political duties as cabinet appointee and adviser to the president; on the other, his quasi-judicial responsibilities as chief law officer of the nation. In theory the two sets of responsibilities coexist peacefully. In reality they often clash.

In Conflicting Loyalties, political scientist Nancy Baker provides the first comprehensive analysis of the history and structure of the office of the U.S. Attorney General, an office that legal scholars have described as "schizophrenic." Her study documents how they have differed in their responses, seeing themselves either as advocates of the president or as neutral expounders of the law. Combining historical analysis with legal and political theory, Baker shows how this implicit conflict has evolved from the earliest days of the Republic, when the attorney general was primarily an adviser, to the present day, when he administers the huge bureaucracy of the Department of Justice.

Using both archival materials and personal interviews, Baker analyzes how the seventy-five men who have held the post of attorney general have managed the conflict of loyalties. In particular, she focuses on Robert Kennedy, Edwin Meese, Elliot Richardson, Griffin Bell, Robert Jackson, Edward Levi, A. Mitchell Palmer, and Roger Taney. She also examines how the office has been affected by scandals in various administrations, including the Red scare of 1919-20, Teapot Dome, Watergate, and Iran-Contra. The book concludes with an exploration of arguments for reforming the office.

Product Details

ISBN-13: 9780700605309
Publisher: University Press of Kansas
Publication date: 04/10/1992
Pages: 256
Product dimensions: 6.30(w) x 9.30(h) x 1.00(d)

Table of Contents

Preface

1. The Attorney General of the United States

-Serving Two Masters

-The Attorney General as Legal Advisor

-The Attorney General as Policy Advisor

-The Tradition of Law and Politics

-Defining the Appropriate Relationship

2. The Emergence of the Modern Law Officer

-The Development of the English Office

-The American Colonial Experience

-The Office of the Confederacy

-The Judiciary Act of 1789

-“Mongrel” or “Chameleon”: The First Attorney General

-The Institutionalization of the Office

-The Coming of the Department of Justice

3. The Advocate Attorney General

-Roger Taney: The General’s General

-Caleb Cushing and “The Amiable Mediocrity”

-The Law Officers of Franklin D. Roosevelt

-The Advocacy Role of Robert F. Kennedy

-Edwin Meese III and the Reagan Presidency

4. The Danger of the Advocate: Abusing the Office

-A. Mitchell Palmer and the Red Raids

-The “Morally Ambiguous” Harry Daugherty

-John Mitchell and the 1972 Campaign

5. The Neutral Attorney General

-William Wirt: The Eminent Attorney

-The “Star Route” Scandal and Benjamin Brewster

-Restoring Confidence: Harlan Fiske Stone

-Edward Levi and President Ford

-Griffin Bell’s Neutral Zone

6. In Conclusion

Appendix. United States Attorneys General

Notes

Selected Bibliography

Index

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