Case Description
Attorney general may lawfully question the constitutionality of a state law, and the court rejected a contention that the attorney general’s duties were limited to representing the “Commonwealth,” that is, the hierarchy of officers, departments, and agencies heading the executive branch of government. The court said: It is true that at common law the duty of the Attorney General was to represent the King, he being the embodiment of the state . . . But under the democratic form of government now prevailing the people are the King, so the Attorney General’s duties are to that sovereign rather than to the machinery of government