The Alberto Gonzales Amendment
Section 1
Congress shall establish a Department of Justice, the
senior officer of which shall be entitled the Attorney General of the
United States. The Attorney General shall be an American citizen of at
least thirty years of age, resident in the United States without
interruption for the previous five years, and shall not hold
any office, elected or appointed, within the Federal
government or any lesser government body within the jurisdiction of the
United States at the time of their election.
The Attorney General shall be elected for a term
of two years on the first Tuesday in November of odd-numbered years by
majority vote of the Justices of the Supreme Court of the United States; but the Attorney General shall continue, after the expiration of their term, to have authority over all cases before the courts which were initiated during their term.
No
Attorney General, having been elected by the Supreme Court, shall again
be eligible to serve as Attorney General after the expiration of their full term.
Section 2
The Department of Justice shall
organize, operate, and oversee any and all law enforcement organizations
instituted by the Federal government to enforce the laws of that
government. The Attorney General shall have power to appoint, with the
advice and consent of the Senate, any and all lesser officers in such
agencies; but on no account shall any person’s race, gender, creed,
religion, or partisan affiliation be considered or questioned as a
condition of or qualification for appointment or employment within the
Department of Justice.
The Department of Justice shall have power
to order and carry out the investigation of crimes and misdemeanors as defined by federal law, including
the power to convene grand juries of inquest and to issue and enforce
subpoenas of witnesses to testify before grand juries convened by the
Department of Justice. In aid of such investigations, the Attorney
General or such lesser officer as he or she may designate shall show
probable cause to any justice of the Supreme Court and, with the
justice’s consent, obtain warrants for search and seizure of evidence.
No declaration of legislative or executive privilege shall have power to
stay or challenge the execution of any subpoena or warrant issued by
the Department of Justice.
Section 3
The President of the United
States shall appoint, with the advice and consent of the Senate, a
Solicitor General to act as the representative and advocate for the
Federal government of the United States in any and all cases at law in
which that government shall be a party. The Solicitor General shall have
no law enforcement powers except for crimes or abuses of power committed by officials of the Department of Justice, and shall not be
considered a member or officer within the Department of Justice.
Both
the Attorney General and the Solicitor General shall be considered
advisors to the President of Cabinet rank; however, the President shall
have no authority over the Attorney General or the Department of
Justice, nor may he terminate the term of the Attorney General in
office, and the Attorney General shall not be counted as part of the line of succession under the twenty-fifth amendment to this Constitution.
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