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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]
The five important civil service reforms were the two Tenure of Office Acts of 1820 and 1867, Pendleton Civil Service Reform Act of 1883, the Hatch Acts (1939 and 1940) and the CSRA of 1978. [1] In addition, the Civil Service Act of 1888 drastically expanded the civil service system. [2]
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:
On February 21, 1868, Johnson, in violation of the Tenure of Office Act that had been passed by Congress in March 1867 over Johnson's veto, attempted to remove Edwin Stanton, the secretary of war who the act was largely designed to protect, from office. [49]
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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]
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 ...