NO JUSTICE DEPARTMENT IN THE CONSTITUTION

U.S. Department of Justice


There was no mention of a Justice Department in the U.S. Constitution when it was ratified on June 21, 1788 --- when the 9th State (New Hampshire) ratified it (as delineated by Article VII of our Constitution).

 

Nor was there any mention of a Justice Department in the Bill of Rights (the first 10 Amendments) which were ratified December 15, 1791. Nor was there any mention of a Justice Department for the next 5 amendments e.g. up to the 15th Amendment "Black Suffrage", which was ratified on February 3, 1870. The U.S. survived 82 years without a Department of Justice.

 

The Constitution grants various "powers" e.g. Article 1, Section 8, grants Congress the power "To raise and support Armies ..."  and "To provide and maintain a Navy". NOTHING in the Constitution grants the authority to any department to enforce any of those "powers" e.g. U.S. Supreme Court Orders, valid Congressional Subpoenas, etc., which have no clear enforcement powers.  

 

The U.S. Department of Justice did not exist until it was signed into Law by President Ulysses Grant on June 22, 1870 --- which was after the end of the Civil War (May 9, 1865). The Justice Department is headed by the U.S. Attorney General --- both of which are arbitrary titles. The entire Department, while legal, is an arbitrary in that it was not addressed by our Founders --- in the Constitution itself or in the Federalist Papers.

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