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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 ...
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...
[18] [20] [57] [75] The first article specifically alleged that Johnson's February 21, 1868, order to remove Stanton was made with intent to violate the Tenure of Office Act. The second and third articles argued that the appointment of Thomas as secretary of war ad interim was similarly done with intent to violate the Tenure of Office Act. The ...
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]
Like many of the other articles, the third article related to Johnson violating the Tenure of Office Act by attempting to dismiss Secretary of War Stanton. [6] [15] [35] [41] [58] Like the second article, the third article alleged that the appointment of Thomas as secretary of war ad interim was done with intent to violate the Tenure of Office Act.
The Tenure of Office Act was immediately controversial; some senators doubted that it was constitutional and questioned whether the act's terms applied to Johnson, whose key Cabinet officers were Lincoln holdovers. [79] The validity of the Tenure of Office Act would be tested by Johnson's clash with Secretary of War Stanton.
Andrew Johnson became president on April 15, 1865, ascending to the office following the assassination of his presidential predecessor Abraham Lincoln.While Lincoln had been a Republican, Johnson, his vice president, was a Democrat, the two of them having run on a unity ticket in the 1864 United States presidential election.
Acting under the clause in the Tenure of Office Act granting the Senate a veto over dismissals of Senate-confirmed officers that are made by the president during congressional recesses, the Senate votes overwhelmingly to reinstate Edwin Stanton (who Johnson had suspended as secretary of war on August 12, 1867).