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The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to ...
[34] [49] [50] The primary charge against Johnson was that he had violated the Tenure of Office Act by removing Stanton from office. [49] Johnson was narrowly acquitted in his Senate trial, with the Senate voting 35 to 19 votes in favor of conviction, one vote short of the necessary two-thirds majority. [51]
However, disregarding this vote, on February 21, 1868, President Johnson attempted to replace Stanton with Lorenzo Thomas in an apparent violation of the Tenure of Office Act. [29] [21] The Tenure of Office Act was officially titled "an act regulating the tenure of certain civil office", and was referred to by such name in the articles of ...
August 12, 1867: During a congressional recess, President Johnson suspends Secretary of War Edwin Stanton and appoints Ulysses S. Grant to serve as secretary of war ad interim. [26] The Tenure of Office Act prescribes that, when it reconvenes, Senate will be able to vote on whether to approve or reverse Stanton's removal. [27] November 25, 1867:
United States (1926) affirmed the ability of the president to remove a postmaster without congressional approval, and the dictum in the majority opinion stated "that the Tenure of Office Act of 1867...was invalid". [120] Butler's subpar performance as a prosecutor has often been cited as a factor that contributed to Johnson's acquittal. [121]
One such act was Johnson's suspension of Secretary of War Edwin Stanton and replacement of him with Ulysses S. Grant as secretary of war ad interim on August 12, 1867, taking advantage of a loophole in the Tenure of Office Act created by the Senate being in recess. [31]
Public Laws [2]; Date Subject Matter Title Chapter Legal Citation (link to full text)1: February 8, 1790: Laws of the United States, giving effect to, in North Carolina. An Act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina, and for other purposes.
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