Attorney General William Barr's behavior since taking office, and especially over the past week, demonstrates the need for the United States to do what 43 other states already do: elect the Attorney General.
Here's my proposed Constitutional amendment:
Sec. 1. The chief legal officer of the United States and chief executive officer of the Department of Justice shall be an Attorney General, elected by the People for a term of four years, to commence on January 10th of the third year following the most recent election of the President.
Sec. 2. No Person shall be eligible to the Office of Attorney General who shall not have attained to the age of thirty years, and been nine years a Citizen of the United States, and been seven years a resident within the United States.
Sec. 3. No person shall be elected to the office of the Attorney General more than twice, and no person who has held the office of Attorney General, or acted as Attorney General, for more than two years of a term to which some other person was elected Attorney General shall be elected to the office of the Attorney General more than once.
Sec. 4. No person who has held the office of Attorney General, or acted as Attorney General, shall serve in any Office created by Articles II or III of this Constitution, or legislation based thereon, until four years have passed after serving as Attorney General.
Sec. 5. The Attorney General shall have the power to appoint and remove, with the advice and consent of the Senate, a United States Attorney for each Judicial District that Congress may establish, and a Deputy Attorney General, who shall assume the office of Attorney General should the office become vacant during the term of office. The Attorney General shall have the power to appoint other officers of the Department of Justice as Congress may provide by legislation.
Sec. 6. This article shall take effect on January 10th of the third year following its ratification.
Section 1 establishes that the office and the department she runs are separate from the Executive Branch, and chosen in the midterm elections. Section 2 sets the requirements for office to be the same as for US Senator. Section 3 sets term limits in the same language as the 22nd Amendment. Section 4 shuts the revolving door, except a former AG can still run for Congress. Section 5 gives the AG, and not the President, the power to appoint US Attorneys and her own deputy, with Senate approval; but she can appoint other officers that Congress may create without Senate approval. Section 6 gives the Executive-branch Justice Department two years to fully devolve into its own Constitutional realm.
If this were to be ratified in 2024, for example, we would vote for AG in November 2026 and swear her in on 10 January 2027. That person would then serve until 2031, and be ineligible to serve in the Executive branch or as a Federal judge until 2035.