Post by Bruce on Jul 17, 2014 0:49:39 GMT -5
In the House of Representatives of the United States of America, Mr. Terrus, for himself, offers: A Bill To be known and cited as the Judiciary Act of 1791. Be it Enacted by the House of Representatives and Senate of the United States of America in Congress assembled; that the following be added to Title III, United States Code, as Chapter 2:
Chapter 2. Counsel, Attorneys, and Marshals.
Section 21. Attorney of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Counsel of the United States, hereinafter the Counsel, who shall serve as the legal representative of the United States, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Counsel:
1. to provide advice the President, the Congress, and the various officers of the United States government, with regards to matters of the law and the Constitution;
2. to represent the President, and the United States government, or any of its subsidiaries, before the United States Supreme Court;
3. to superintend the defense of the President, and the various officers of the United States government, against any suit filed by any individual or entity against such officer in that officer's official capacity;
4. to coordinate the activities of the United States Attorneys;
5. to perform such duties as may be enjoined upon him by the President, agreeable to the constitution; and
6. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© The Counsel shall have the authority:
1. to represent the President of the United States, and the United States government, or any of its subsidiaries, before the Supreme Court;
2. to coordinate the activities of the United States Marshals, United States Attorneys, and United States Trustees; and
3. to take any other actions necessary, and agreeable to the Constitution, to fulfill his duties.
Section 22. United States Attorneys.
(a) The President shall appoint, with the advice and consent of the Senate, an United States Attorney for each judicial district of the United States.
(b) It shall be the duty of each United States Attorney:
1. to provide advice the Counsel with regards to legal and constitutional matters within his district;
2. to defend the President, and the various officers of the United States government, against any suit filed by any individual or entity within his district;
3. to prosecute any individual or entity that has violated the Constitution or federal law within his district;
4. to prosecute any individual or entity for debts that are, or shall be due to the United States, if that individual resides in his district;
5. to prosecute any officer of the United States that has acted inappropriately or illegally in his district;
6. to superintend the operations of his office, providing supervision to the employees that the Counsel has hired to assist him;
7. to perform such duties as may be enjoined upon him by the Counsel, agreeable to the constitution; and
8. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© Each United States Attorney shall be authorized:
1. to file charges against any individual or entity that has violated the Constitution or federal law within his district, or that resides in his district and owes a debt to the United States, or that has acted inappropriately or illegally while in service of the United States in his district;
2. to make prosecutorial deals with any person charged under part 1, provided that such arrangement furthers the interests of justice, prevents an unnecessary trial while ensuring the proper punishment of the accused, or facilitates the investigation of a crime or criminal organization; and
3. to superintend the execution of an order issued by a federal court, including a search warrant or a mittimus warrant.
(d) The President may appoint, with the advice and consent of the Senate, Deputy United States Attorneys and Assistant United States Attorneys for each judicial district, as he deems prudent, and each Deputy United States Attorney and Assistant United States Attorney shall assist the United States Attorney of his district.
Section 23. United States Marshals.
(a) The President shall appoint, with the advice and consent of the Senate, a United States Marshal for each judicial district of the United States.
(b) It shall be the duty of each United States Marshal, within his district:
1. to enforce the orders of the President, acts of Congress, and orders of the Judiciary, including writs of mittimus, within his district;
2. to assist state and local law enforcement authorities with the enforcement of state and local laws, but only when such assistance is requested by those authorities;
3. to provide for the security of the various officers of the United States government, including the members of the Judiciary and Congress;
4. to provide for the security of the various properties of the United States government;
5. to superintend the enforcement of the orders of the executive, acts of the legislature, and orders of the Judiciary, including writs of mittimus;
6. to provide for the safe imprisonment of any individual ordered imprisoned by a court through contract with state or local authorities;
7. to provide for the execution of any person ordered executed by a court, but no officer or employee of the United States shall be forced to perform such an execution, and any person ordered executed shall be allowed to chose to be executed by hanging, firing squad, or through suicide inflicted in a manner that the Marshal deems to be safe;
8. to proscribe such regulations to his subordinates as he may find necessary;
9. to perform such duties as may be enjoined upon him by a Judge of his district, agreeable to the constitution; and
10. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© Each United States Marshal shall be authorized, within his district:
1. to surveil or investigate any person at the request of the Attorney of that district, provided that such surveillance or investigation is based off the Attorney's reasonable belief that such person may have committed, or may commit, a violation of the laws of the United States, or orders of a United States court, or legitimate order of the executive;
2. to detain an individual in his district, for no more than 24 hours, upon discovery of evidence that provides a reasonable suspicion to a prudent person that said individual committed a crime;
3. to conduct a basic search of a person detained under part 2 of this subsection so as to ensure that person does not have weapons, and to confiscate any weapons found on that person for the entirety of that person's detention, but no other evidence found during such search shall be confiscated;
4. to conduct a search of a person's household or property in his district without a warrant, but only upon discovery of information sufficient to warrant a prudent person's belief that evidence of a crime or contraband would be found in the search, and only upon discovery of information sufficient to warrant a prudent person's belief that such evidence would be destroyed in the time it would take to seek and receive a warrant for the search of that person's household or property;
5. to execute any court order, including a mittimus warrant, in his district;
6. to appoint an individual temporarily as a Deputy United States Marshal, or an Assistant United States Marshal, but such appointment shall not exceed one month in duration; and
7. to take such other actions as may be necessary to enforce the law, agreeable to the Constitution and the laws of the United States.
(d) The President may appoint, with the advice and consent of the Senate, Deputy United States Marshals and Assistant United States Marshals for each judicial district as he deems prudent, and each Deputy United States Marshal and Assistant United States Marshal shall assist the Unit
Chapter 2. Counsel, Attorneys, and Marshals.
Section 21. Attorney of the United States.
(a) The President shall appoint, with the advice and consent of the Senate, a Counsel of the United States, hereinafter the Counsel, who shall serve as the legal representative of the United States, and who shall serve at the pleasure of the President.
(b) It shall be the duty of the Counsel:
1. to provide advice the President, the Congress, and the various officers of the United States government, with regards to matters of the law and the Constitution;
2. to represent the President, and the United States government, or any of its subsidiaries, before the United States Supreme Court;
3. to superintend the defense of the President, and the various officers of the United States government, against any suit filed by any individual or entity against such officer in that officer's official capacity;
4. to coordinate the activities of the United States Attorneys;
5. to perform such duties as may be enjoined upon him by the President, agreeable to the constitution; and
6. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© The Counsel shall have the authority:
1. to represent the President of the United States, and the United States government, or any of its subsidiaries, before the Supreme Court;
2. to coordinate the activities of the United States Marshals, United States Attorneys, and United States Trustees; and
3. to take any other actions necessary, and agreeable to the Constitution, to fulfill his duties.
Section 22. United States Attorneys.
(a) The President shall appoint, with the advice and consent of the Senate, an United States Attorney for each judicial district of the United States.
(b) It shall be the duty of each United States Attorney:
1. to provide advice the Counsel with regards to legal and constitutional matters within his district;
2. to defend the President, and the various officers of the United States government, against any suit filed by any individual or entity within his district;
3. to prosecute any individual or entity that has violated the Constitution or federal law within his district;
4. to prosecute any individual or entity for debts that are, or shall be due to the United States, if that individual resides in his district;
5. to prosecute any officer of the United States that has acted inappropriately or illegally in his district;
6. to superintend the operations of his office, providing supervision to the employees that the Counsel has hired to assist him;
7. to perform such duties as may be enjoined upon him by the Counsel, agreeable to the constitution; and
8. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© Each United States Attorney shall be authorized:
1. to file charges against any individual or entity that has violated the Constitution or federal law within his district, or that resides in his district and owes a debt to the United States, or that has acted inappropriately or illegally while in service of the United States in his district;
2. to make prosecutorial deals with any person charged under part 1, provided that such arrangement furthers the interests of justice, prevents an unnecessary trial while ensuring the proper punishment of the accused, or facilitates the investigation of a crime or criminal organization; and
3. to superintend the execution of an order issued by a federal court, including a search warrant or a mittimus warrant.
(d) The President may appoint, with the advice and consent of the Senate, Deputy United States Attorneys and Assistant United States Attorneys for each judicial district, as he deems prudent, and each Deputy United States Attorney and Assistant United States Attorney shall assist the United States Attorney of his district.
Section 23. United States Marshals.
(a) The President shall appoint, with the advice and consent of the Senate, a United States Marshal for each judicial district of the United States.
(b) It shall be the duty of each United States Marshal, within his district:
1. to enforce the orders of the President, acts of Congress, and orders of the Judiciary, including writs of mittimus, within his district;
2. to assist state and local law enforcement authorities with the enforcement of state and local laws, but only when such assistance is requested by those authorities;
3. to provide for the security of the various officers of the United States government, including the members of the Judiciary and Congress;
4. to provide for the security of the various properties of the United States government;
5. to superintend the enforcement of the orders of the executive, acts of the legislature, and orders of the Judiciary, including writs of mittimus;
6. to provide for the safe imprisonment of any individual ordered imprisoned by a court through contract with state or local authorities;
7. to provide for the execution of any person ordered executed by a court, but no officer or employee of the United States shall be forced to perform such an execution, and any person ordered executed shall be allowed to chose to be executed by hanging, firing squad, or through suicide inflicted in a manner that the Marshal deems to be safe;
8. to proscribe such regulations to his subordinates as he may find necessary;
9. to perform such duties as may be enjoined upon him by a Judge of his district, agreeable to the constitution; and
10. to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office.
© Each United States Marshal shall be authorized, within his district:
1. to surveil or investigate any person at the request of the Attorney of that district, provided that such surveillance or investigation is based off the Attorney's reasonable belief that such person may have committed, or may commit, a violation of the laws of the United States, or orders of a United States court, or legitimate order of the executive;
2. to detain an individual in his district, for no more than 24 hours, upon discovery of evidence that provides a reasonable suspicion to a prudent person that said individual committed a crime;
3. to conduct a basic search of a person detained under part 2 of this subsection so as to ensure that person does not have weapons, and to confiscate any weapons found on that person for the entirety of that person's detention, but no other evidence found during such search shall be confiscated;
4. to conduct a search of a person's household or property in his district without a warrant, but only upon discovery of information sufficient to warrant a prudent person's belief that evidence of a crime or contraband would be found in the search, and only upon discovery of information sufficient to warrant a prudent person's belief that such evidence would be destroyed in the time it would take to seek and receive a warrant for the search of that person's household or property;
5. to execute any court order, including a mittimus warrant, in his district;
6. to appoint an individual temporarily as a Deputy United States Marshal, or an Assistant United States Marshal, but such appointment shall not exceed one month in duration; and
7. to take such other actions as may be necessary to enforce the law, agreeable to the Constitution and the laws of the United States.
(d) The President may appoint, with the advice and consent of the Senate, Deputy United States Marshals and Assistant United States Marshals for each judicial district as he deems prudent, and each Deputy United States Marshal and Assistant United States Marshal shall assist the Unit