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OVER THE YEARS, Attorneys General of the United States have professed the view that their office “has a duty to defend and enforce both the Acts of Congress and the Constitution.”1 Consequently, as a general rule, Attorneys General have consistently affirmed that it is not the place of their office to declare statutes unconstitutional. When faced with a legislative act that they believe violates the Constitution, the Attorney General “can best discharge the responsibilities of his office by defending and enforcing the Act of Congress.”2 The reason

Ex Parte McCardle and the Attorney General's Duty to Defend Acts of Congress