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Marriage Protection Act

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The Marriage Protection Act of 2004 ( MPA ) was a bill introduced in the United States Congress in 2003 to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act (DOMA) or the MPA itself. Introduced as H.R. 3313 during the 108th Congress , the Republican-controlled House passed it in 2004, but it did not pass the Senate.

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30-659: The version approved by the House of Representatives would have added this text as Section 1632 to Chapter 99 in Part IV of Title 28 of the United States Code ( 28 U.S.C.   § 1632 ), governing the judiciary and judicial procedures: No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to

60-605: A bill in Congress to create the Department of Justice. President Ulysses S. Grant signed the bill into law on June 22, 1870. Grant appointed Amos T. Akerman as attorney general and Benjamin H. Bristow as America's first solicitor general the same week that Congress created the Department of Justice. The Department's immediate function was to preserve civil rights. It set about fighting against domestic terrorist groups who had been using both violence and litigation to oppose

90-534: A cabinet member with a strong political base, but he seldom spoke up. Following unsuccessful efforts in 1830 and 1846 to make attorney general a full-time job, in 1867, the U.S. House Committee on the Judiciary , led by Congressman William Lawrence , conducted an inquiry into the creation of a "law department" headed by the attorney general and also composed of the various department solicitors and United States attorneys . On February 19, 1868, Lawrence introduced

120-597: A public-policy exception when deciding the status of same-sex relationships independently of the decisions of other states, as states have been permitted to do in the case of incestuous marriages. The Act was designed to protect DOMA by prohibiting federal courts from hearing cases like that of Nancy Wilson , who sued to have her relationship with Paula Schoenwether treated as marriage in Florida because it had been treated as marriage in Massachusetts . In that case,

150-464: A website that supported the USA PATRIOT Act . It was criticized by government watchdog groups for its alleged violation of U.S. Code Title 18 Section 1913, which forbids money appropriated by Congress to be used to lobby in favor of any law, actual or proposed. The website has since been taken offline. On October 5, 2021, U.S. Deputy Attorney General Lisa Monaco has announced the formation of

180-582: Is the portion of the United States Code (federal statutory law) that governs the federal judicial system . It is divided into six parts: The part establishes United States federal courts . The part establishes the United States Department of Justice . This part deals with jurisdiction and venue . This part establishes criminal procedure and civil procedure for the federal courts. The Supreme Court , pursuant to

210-565: The 112th Congress on March 2, 2011, as H.R. 875 with 26 cosponsors. It was referred to the Subcommittee on Courts, Commercial and Administrative Law and the Subcommittee on Constitution. The proposed legislation raises Constitutional questions in relation to the Full Faith and Credit Clause . Joanna Grossman, writing for FindLaw , emphasized "the need for the federal courts to weigh in", rather than for states to continue making

240-517: The 13th , 14th , and 15th Amendments to the Constitution. Both Akerman and Bristow used the Department of Justice to vigorously prosecute Ku Klux Klan members in the early 1870s. In the first few years of Grant's first term in office, there were 1000 indictments against Klan members, with over 550 convictions from the Department of Justice. By 1871, there were 3000 indictments and 600 convictions, with most only serving brief sentences, while

270-763: The Rules Enabling Act and upon recommendations from the Judicial Conference of the United States , promulgates the more detailed Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure United States Department of Justice The United States Department of Justice ( DOJ ), also known as the Justice Department , is a federal executive department of the United States government tasked with

300-640: The U.S. Attorneys' Offices for each of the 94 U.S. federal judicial districts . The U.S. Congress created the Justice Department in 1870 during the presidency of Ulysses S. Grant . The Justice Department's functions originally date to 1789, when Congress created the office of the Attorney General. The office of the attorney general was established by the Judiciary Act of 1789 as a part-time job for one person, but grew with

330-459: The bureaucracy . At one time, the attorney general gave legal advice to the U.S. Congress , as well as the president ; however, in 1819, the attorney general began advising Congress alone to ensure a manageable workload. Until 1853, the salary of the attorney general was set by statute at less than the amount paid to other Cabinet members. Early attorneys general supplemented their salaries by running private law practices, often arguing cases before

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360-574: The federal government took on some law enforcement responsibilities, and the Department of Justice was tasked with performing these. In 1884, control of federal prisons was transferred to the new department, from the Department of the Interior . New facilities were built, including the penitentiary at Leavenworth in 1895, and a facility for women located in West Virginia , at Alderson

390-590: The Attorney General's office in the Department of Justice Main Building in Washington, D.C. The building was renamed in honor of former Attorney General Robert F. Kennedy in 2001. It is sometimes referred to as "Main Justice". The Justice Department also had a War Division during World War II . It was created in 1942 and disestablished in 1945. Several federal law enforcement agencies are administered by

420-498: The Department of Justice) "who prosecutes on behalf of justice (or the Lady Justice)". The motto's conception of the prosecutor (or government attorney) as being the servant of justice itself finds concrete expression in a similarly-ordered English-language inscription ("THE UNITED STATES WINS ITS POINT WHENEVER JUSTICE IS DONE ITS CITIZENS IN THE COURTS") in the above-door paneling in the ceremonial rotunda anteroom just outside

450-467: The Department of Justice. Similarly the Office of Domestic Preparedness left the Justice Department for the Department of Homeland Security, but only for executive purposes. The Office of Domestic Preparedness is still centralized within the Department of Justice, since its personnel are still officially employed within the Department of Justice. In 2003, the Department of Justice created LifeAndLiberty.gov,

480-537: The Department of Justice: In March 2003, the United States Immigration and Naturalization Service was abolished and its functions transferred to the United States Department of Homeland Security . The Executive Office for Immigration Review and the Board of Immigration Appeals , which review decisions made by government officials under Immigration and Nationality law, remain under jurisdiction of

510-547: The Department of the Interior, the prosecution of all federal crimes, and the representation of the United States in all court actions, barring the use of private attorneys by the federal government. The law also created the office of Solicitor General to supervise and conduct government litigation in the Supreme Court of the United States . With the passage of the Interstate Commerce Act in 1887,

540-815: The United States' federal law enforcement agencies , including the Federal Bureau of Investigation , the U.S. Marshals Service , the Bureau of Alcohol, Tobacco, Firearms and Explosives , the Drug Enforcement Administration , and the Federal Bureau of Prisons . The department also has eight divisions of lawyers who represent the U.S. federal government in litigation: the Criminal , Civil , Antitrust , Tax , Civil Rights , Environment and Natural Resources , National Security , and Justice Management Divisions . The department also includes

570-446: The courts as attorneys for paying litigants. The lightness of the office is exemplified by Edward Bates (1793–1869), Attorney General under Abraham Lincoln (1861 to 1864). Bates had only a small operation, with a staff of six. The main function was to generate legal opinions at the request of Lincoln and cabinet members, and handle occasional cases before the Supreme Court. Lincoln's cabinet was full of experienced lawyers who seldom felt

600-456: The enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general , who reports directly to the president of the United States and is a member of the president's Cabinet . The current attorney general is Merrick Garland , who has served since March 2021. The Justice Department contains most of

630-731: The federal court upheld DOMA. The U.S. Constitution permits Congress to make exceptions to court jurisdiction. The degree to which such exceptions may undermine federal separation of powers , the Equal Protection Clause , or the Due Process Clause , may render the Marriage Protection Act unconstitutional, according to Grossman. Title 28 of the United States Code Title 28 ( Judiciary and Judicial Procedure )

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660-457: The interpretation of, or the validity under the Constitution of, section 1738C or this section. 28 U.S.C.   § 1738C forbade (prior to the Respect for Marriage Act ) requiring any state or any other political subdivision of the United States to credit as a marriage a same-sex relationship treated as marriage in another state or equivalent government. On October 16, 2003, the bill

690-465: The legislation as H.R. 1100 in the 109th Congress on March 3, 2005. It had 76 co-sponsors. It again died in committee. Dan Burton (R–Indiana) reintroduced the legislation as H.R. 724 in the 110th United States Congress , on January 30, 2007, with 50 cosponsors. It died when the 110th Congress ended. Burton reintroduced it again in the 111th Congress on March 3, 2009, as H.R. 1269 and it died in committee. Dan Burton reintroduced it in

720-617: The need to ask for his opinions. Bates had no authority over the US Attorneys around the country. The federal court system was handled by the Interior Department; the Treasury handled claims. Most of the opinions turned out by Bates's office were of minor importance. Lincoln gave him no special assignments and did not seek his advice on Supreme Court appointments. Bates did have an opportunity to comment on general policy as

750-536: The original intended meaning of the Latin motto appearing on the Department of Justice seal, Qui Pro Domina Justitia Sequitur (literally "Who For Lady Justice Strives"). It is not even known exactly when the original version of the DOJ seal itself was adopted, or when the motto first appeared on the seal. The most authoritative opinion of the DOJ suggests that the motto refers to the Attorney General (and thus, by extension, to

780-629: The ringleaders were imprisoned for up to five years in the federal penitentiary in Albany, New York . The result was a dramatic decrease in violence in the South. Akerman gave credit to Grant and told a friend that no one was "better" or "stronger" than Grant when it came to prosecuting terrorists. George H. Williams , who succeeded Akerman in December 1871, continued to prosecute the Klan throughout 1872 until

810-436: The spring of 1873, during Grant's second term in office. Williams then placed a moratorium on Klan prosecutions partially because the Justice Department, inundated by cases involving the Klan, did not have the manpower to continue prosecutions. The "Act to Establish the Department of Justice" drastically increased the attorney general's responsibilities to include the supervision of all United States attorneys, formerly under

840-425: Was completed in 1935 from a design by Milton Bennett Medary . Upon Medary's death in 1929, the other partners of his Philadelphia firm Zantzinger, Borie and Medary took over the project. On a lot bordered by Constitution and Pennsylvania Avenues and Ninth and Tenth Streets, Northwest, it holds over 1,000,000 square feet (93,000 m ) of space. Various efforts, none entirely successful, have been made to determine

870-615: Was established in 1924. In 1933, President Franklin D. Roosevelt issued an executive order which gave the Department of Justice responsibility for the "functions of prosecuting in the courts of the United States claims and demands by, and offsenses [ sic ] against, the Government of the United States, and of defending claims and demands against the Government, and of supervising the work of United States attorneys, marshals, and clerks in connection therewith, now exercised by any agency or officer..." The U.S. Department of Justice building

900-549: Was introduced in the House of Representatives by John Hostettler (R–Indiana) and immediately referred to the House Committee on the Judiciary . The bill was co-sponsored by Ron Paul of Texas (R–Texas). The legislation passed the House by a vote of 233 to 194. The Senate referred the bill to the Senate Judiciary Committee on September 7, 2004, where it died in committee. Hostettler reintroduced

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