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The office of the attorney general was created by the First Congress in the Judiciary Act of 1789 (An Act to Establish the Judicial Courts of the United States, ch. 20, Â§ 35, 1 Stat. 73, 92-93). The First Congress did not expect the attorney generalâ€”a part-time employee with scant pay, no staff, and little powerâ€”to play a major role in the emerging federal government. As the members of the First Congress established a system for the enforcement of federal laws, their primary concern was to protect state and individual freedoms and to avoid the creation of a central legal system that would allow the tyrannies they had experienced as American colonists under George III. Therefore, the Judiciary Act gave the attorney general just two principal duties: (1) to prosecute and conduct all suits in the Supreme Court of the United States that concerned the United States and(2) to give an opinion on questions of law when asked to do so by the president or heads of other executive departments.
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Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia , and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries.
State attorneys general possess many of the same powers and responsibilities as their counterpart in the federal government. A state attorney general’s office is typically a part of the executive branch of the state government. He or she is generally entrusted with the duties of prosecuting suits and proceedings involving state government and advising the governor and other administrative officers of the state government. Many state statutes also establish the state attorney general as the official legal advisor or representative of various departments and agencies.