| Line 69: |
Line 69: |
| | | | |
| | Agencies in the Executive Branch handle many types of disputes before they become lawsuits. The Department of Education hears complaints about violation of federal law in public schools; the Department of Labor hears labor disputes, including alleged discrimination; the Department of Health and Human Services handles the massive federal health care spending. Each of the 15 federal agencies, including the new Department of Homeland Security, have responsibilities that grow over time. | | Agencies in the Executive Branch handle many types of disputes before they become lawsuits. The Department of Education hears complaints about violation of federal law in public schools; the Department of Labor hears labor disputes, including alleged discrimination; the Department of Health and Human Services handles the massive federal health care spending. Each of the 15 federal agencies, including the new Department of Homeland Security, have responsibilities that grow over time. |
| − |
| |
| − | == Department of Justice ==
| |
| − |
| |
| − | Much attention these days is focused on the fourth oldest department: the Department of Justice. Its head, Attorney General John Ashcroft, was bitterly opposed by liberals from the beginning. The Senate delayed his confirmation and he won in a relatively close vote in early 2001, after Bush became president and appointed him.
| |
| − |
| |
| − | The Department of Justice is responsible for handling all prosecutions and litigation for the federal government. Originally, the federal government prosecuted very few crimes. Treason was one. Counterfeiting was another. But not much more.
| |
| − |
| |
| − | Now the federal government prosecutes thousands of crimes in all areas of life. Fraud. Accounting deception. Monopolies. Lying to a federal official is a special federal crime. Obstruction of justice is a federal crime, when someone interferes with an investigation. Certain types of murder are now federal crimes. It was the Department of Justice that attempted to break up Microsoft’s monopoly; it is the Department of Justice that is prosecuting Martha Stewart; it is the Department of Justice that is currently investigating a leak from the White House about a CIA agent.
| |
| − |
| |
| − | Unlike state prosecutors, federal prosecutors are not elected. They work under the Attorney General, who is appointed by the president. They are called U.S. Attorneys or assistant U.S. Attorneys. State prosecutors are called District Attorneys. The top state prosecutors are elected, and thus directly accountable to the public. When a state prosecution meets with public disapproval, the responsible district attorney can be defeated at the next election. But the president has to be defeated to change the Department of Justice, and presidential elections are typically determined by economic rather than legal issues.
| |
| − |
| |
| − | Many are criticizing Attorney General Ashcroft for expanding federal power in investigating and prosecuting alleged terrorists. After 9/11, the Bush Administration sought and achieved new powers to target criminals under the Patriot Act. While all are in favor of catching and prosecuting real terrorists, many oppose the loss of liberty in the War on Terrorism. After all, some say, it is liberty that we are defending against terrorism in the first place.
| |
| − |
| |
| − | The main dispute revolves around the Fourth Amendment. The Patriot Act reduced the requirements for federal investigators to seize evidence and tape-record calls of alleged terrorists. No longer must a local judge issue a warrant based on a detailed affidavit of probable cause prior to searches of alleged terrorists, broadly defined. Also, federal investigators can now search certain homes without leaving a copy of a warrant so that the owner knows it has been searched. This is known as “sneak and peak.” There are many newspaper articles discussing this controversy. On Sunday, a pollster said that after 9/11, people wanted to give up some freedoms in this area to stop terrorism, but now over two years later they no longer want to. What do you think?
| |
| | | | |
| | == Election == | | == Election == |