Conflicting Loyalties
Law and Politics in the Attorney General's Office, 17891990
Nancy V. Baker
252 pages, 6 x 9
Cloth ISBN 978-0-7006-0530-9, $25.00
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.
"An exceptional work. . . . Baker has made the first
comprehensive analysis of the Attorney General's office."--Louis
Fisher, author of Constitutional Conflicts between Congress
and the President
"Baker writes well, organizes coherently, and thinks
clearly. . . . Her linkages between time periods, events, institutions,
and alternatives create a viable whole rather than the usual
case-study mish-mash. . . . She comes closer to the present than
all but a few historians are courageous enough to risk."--Harold
M. Hyman, author of Equal Justice under Law: Constitutional
History, 18351875
NANCY V. BAKER is professor of government
at New Mexico State University.
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