Constitutional Inquisitors: The Origins and Practice of Early Federal Prosecutors

The evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure.

In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecute—or decline to prosecute—criminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the politic...