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Department of Justice

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Department of Justice
Agency nameDepartment of Justice
Seal width200
Seal captionSeal of the U.S. Department of Justice
FormedJuly 1, 1870
HeadquartersRobert F. Kennedy Department of Justice Building
Employees113,114 (2022)
Budget$37.8 billion (2023)
Chief1 nameMerrick Garland
Chief1 positionAttorney General
Chief2 nameLisa Monaco
Chief2 positionDeputy Attorney General
Chief3 nameVanita Gupta
Chief3 positionAssociate Attorney General

Department of Justice

The Department of Justice (DOJ) is the federal executive department of the United States government responsible for the enforcement of federal law and administration of justice. Its role in the Civil Rights Movement has been pivotal, as it is the primary federal agency charged with enforcing the nation's civil rights statutes, a duty that has placed it at the center of both landmark legal progress and significant political contention. The department's actions, from prosecuting hate crimes to suing states over discriminatory laws, have fundamentally shaped the legal landscape of equality in America.

History and Establishment

The Department of Justice was established by an Act of Congress in 1870, signed into law by President Ulysses S. Grant. Its creation was partly a response to the post-American Civil War Reconstruction era, aiming to centralize federal legal authority to better enforce new constitutional amendments and laws like the Civil Rights Act of 1866 and the Enforcement Acts. The first Attorney General to lead the new department was Amos T. Akerman, who aggressively used its power to prosecute members of the Ku Klux Klan under the Force Acts. This early period established the DOJ's foundational role in protecting the civil rights of newly freed African Americans, though this focus waned after the end of Reconstruction. The modern framework for its civil rights work was largely built following the Second World War.

Role in Enforcing Civil Rights Legislation

The department's mandate to enforce civil rights is derived from key legislation passed during and after the peak of the Civil Rights Movement. Following the Brown v. Board of Education decision, Congress passed the Civil Rights Act of 1957, which created the Civil Rights Division within the DOJ. This role was dramatically expanded by the landmark Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act. The DOJ is empowered to file lawsuits against state and local governments, school districts, employers, and institutions engaging in a pattern or practice of discrimination. It also provides federal guidance and can intervene in private lawsuits. Under statutes like the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, the department prosecutes bias-motivated violence, extending its enforcement into contemporary issues of LGBT rights in the United States.

Key Civil Rights Divisions and Components

The primary engine for the DOJ's civil rights work is the Civil Rights Division, established in 1957. It is organized into several specialized sections, including the Voting Section, which enforces federal voting rights laws; the Educational Opportunities Section, which focuses on desegregation and equal access; and the Housing and Civil Enforcement Section. Another critical component is the Community Relations Service, created by the Civil Rights Act of 1964, which acts as a "peacemaker" to resolve community conflicts related to race, color, and national origin. The Federal Bureau of Investigation (FBI), under DOJ authority, investigates civil rights violations and hate crimes, while the Office of Justice Programs provides grants to state and local entities for civil rights compliance.

Major Civil Rights Cases and Actions

Throughout the Civil Rights Movement, the DOJ was involved in seminal legal battles. Attorneys from the department were deployed to the American South to protect Freedom Riders and enforce court orders. The DOJ filed crucial lawsuits to desegregate public schools and universities, such as those against the University of Mississippi following the enrollment of James Meredith. It prosecuted the killers of civil rights workers in the Mississippi Burning case. In later decades, the DOJ pursued cases against police departments for systemic misconduct, such as in Los Angeles and Ferguson, under the Violent Crime Control and Law Enforcement Act of 1994. It has also been active in challenging state voter ID laws and redistricting plans it deems discriminatory.

Relationship with Other Movement Organizations

The DOJ's relationship with civil rights organizations has been complex and often adversarial during litigation, though aligned in broad principle. Groups like the NAACP Legal Defense Fund, the Southern Christian Leadership Conference (SCLC), and the American Civil Liberties Union (ACLU) have frequently petitioned the department to act and have sometimes partnered with it to provide evidence or plaintiffs for lawsuits. However, activists have often criticized the DOJ for moving too cautiously or being subject to political pressures from the White House or Congress. The department also works with state attorneys general and local U.S. Attorneys' offices to coordinate enforcement, a relationship that can be cooperative or contentious depending on the political alignment of state leadership.

Controversies and Criticisms Regarding Civil Rights

The Department of Justice's civil rights enforcement has consistently been a source of political controversy. Critics from the right have argued that the department, particularly under Democratic administrations, has overreached its authority, infringing on states' rights and local control in areas like education and policing through excessive consent decrees. Conversely, critics from the left and within the Civil Rights Movement have accused it of inertia, particularly during Republican administrations, citing failures to aggressively prosecute police brutality or protect voting rights. High-profile controversies include the handling of the 1965 Selma to Montgomery marches, the COINTELPRO program that surveilled movement leaders like Martin Luther King Jr., and more recent debates over its actions regarding immigration enforcement and transgender rights. These debates underscore the department's position as a perpetual fulcrum between federal power and individual liberty.

Category:United States Department of Justice Category:United States civil rights law