XI. Johnson’s defense A. Benjamin R. Curtis, put a large emphasis on how the Tenure of Office Act states that members of the cabinet “shall hold their offices respectively for and during the term of the President by whom they may have been appointed.” 1. Curtis then argued that Johnson did not violate the act because Lincoln never reappointed Stanton as Secretary of War during his second term. B. Johnson was on trial for high crimes and misdemeanours. 1. Curtis wanted to argue that Johnson did not commit a crime. a. In his speech, Curtis claimed that “’High crimes and misdemeanors’ against what law? There can be no crime, there can be no misdemeanor without a law, written or unwritten express or implied. There must be some law; otherwise …show more content…
Closing arguments began on April 22. 1. William M. Evarts delivered a closing argument that continued to claim that the Tenure of Office Act was unconstitutional. a. In his speech, Evarts said that “Congress passed a law, for the first time in the history of the Government, undertaking to control by law this matter of removal from office; and they provided that if the President should violate it, it should be a misdemeanor.” 2. He strongly believed that Johnson did not commit a crime. a. Evarts went on to say “He undertook to make an ad interim Secretary of War, and you are to have made for you an ad interim President in consequence!” 3. Evarts goal was to get Republicans to question if impeachment was the right course of action. a. He went on to point out that “President Lincoln suspended the habeas corpus, violating the law, violating the Constitution. Should he have been impeached?” b. His speech was moving and even played a role in swaying the minds of Republicans. XV. The fears of moderate Republicans A. Several moderate Republicans feared what destruction impeachment could do to the political system. 1. Moderates in the Senate began to worry that, if removed from office, Johnson’s successor, Benjamin Wade, would be worse than …show more content…
Harper’s Weekly wrote, “If, as General Butler says, the Tenure bill was leveled at Andrew Johnson alone, and was passed upon no general considerations whatever, then it ought to be repealed.” 2. The act that led to Johnson’s trial would be repealed in 1887 when President Grover Cleveland—during his first term in office—challenged the constitutionality of the act. a. Eventually, in 1926, an act similar to the Tenure of Office Act was passed, but the Supreme Court ruled that it was unconstitutional. C. Should Johnson be impeached? 1. Even if Johnson were to be impeached, then “conviction would have upset completely the balance of our tripartite Government, making the Executive subservient to the Legislative Body.” a. If such an act was passed today by Congress, then it would ultimately disrupt the notion of the separation of powers between the three branches, which would make such a law unconstitutional. XIX. Conclusion A. The justification of his impeachment trial will be continuously debated by historians and political theorist as time moves on. 1. Johnson will always live in the shadows of Abraham Lincoln and will forever be remembered as the president who was impeached and “no impeached president can escape criticism, regardless of the validity of the underlying
Therefore, Congress’ intent of the Federal Commission Act was to limit the executive power of removal to the causes Congress provided. The president argued Myers gave him the exclusive power of removing executive officers he appointed by and with the consent of the Senate, but the Court argued the position of a postmaster was too unlike the commissioner’s position because a postmaster was an executive official whereas the commissioners dealt with legislative policies. Therefore, Myers could not be used as precedent. The Court also argued the president’s removal authority under the Constitution was not illimitable. Congress had the power to make the commissions independent of executive control and forbid their removal except for cause in the meantime.
A. Advise Airtastic about the legal options that are open to it to halt the actions of the protestors. Describe the legal consequences that are likely to follow if the local protestors continued to engage in their destructive actions. (40 MARKS- Your answer should be 1,000-1,200 words for this part) Introduction In this answer I intend to focus on the legal options available to Airtastic to restrict the protestors from obstructing the construction of the wind farm.
At the beginning of Andrew Johnson’s Presidency many believed that he would punish the South for their treason during the Civil War and support African American suffrage. (Page 83) However, this changed when Johnson began to set up his plans for Reconstruction in 1865 when he moved to pardon all Confederates that pledged an oath of loyalty and the returning of all of their property with the exclusion of slaves. The only exception to this would be for high-ranking Confederate generals who owned property that exceeded over $20,000 were required to apply for Presidential pardons. With the passing of the Black Codes and violence seen towards African Americans in the South, prompted the Radical Republicans to take matters into their hands.
When he argued that it was freedom of speech the highest court, the Supreme Court agreed to hear the case. When the Supreme Court heard the case they made the same decision as the lower courts. The decision ended up being 5-4 Johnson. Brennan, Marshall, Blackmun, Scalia, and Kennedy ruled that Gregory Lee Johnson was protected under the first amendment. They felt Johnson was protected because he has the right of freedom of speech and the act of expressive conduct.
Introduction Freedom of speech is a luxury afforded to every American citizen, however oftentimes that particular freedom may come with a cost. Both Roth and Sinderman were professors at institutions of higher education who spoke out in regards to their dissatisfaction with their institutions and in return, their contracts were not renewed for their positions. Their former places of employment did not directly link the actions of their employees to the termination; however, both Roth and Sinderman believed that speaking out led to the cause of their termination. Both of these cases introduced a clearer definition on what it means to be a tenured and non-tenured employee as it relates to the 14th Amendment. The term tenured can vary by the place of employment.
To impose limits on congressional terms, Congress would have to amend the Constitution (Zubler, 1995). This idea is not unexpected or even unheard of as Congress has amended the Constitution several times to include, most notable, setting limits on Presidential terms in 1947. Congress would be a vastly different arena if an amendment regarding term limits was accepted. If a six-year limit was imposed, 59% of the House would have been forced out of office. If an eight-year limit was imposed, 40% of the House would have been forced out of office.
On April 11th 1962, President John F. Kennedy gave a speech over the “hike” in steel prices, Kennedy uses an abundance of rhetorical devices to show to leaders in a news conference as well as America, that there is no justification for an increase in steel prices. Kennedy uses logos in this speech as well as emotional appeal to tell that every citizen can't sacrifice more than they already have for this country. In the first part of his speech, anaphora is found with the constant repetition of “it would’ as he's telling of all the negative things raising steel prices would do. By showing these things he's trying to prove there's no need for an increase in steel prices.
Abe Lincoln advocated for a stronger executive branch during his career, which makes sense when taking into account that Lincoln’s presidency was defined by the Civil War and Reconstruction era before his assassination in 1865. The southern states had already began seceding from the Union by the time Lincoln had become president. Lincoln began to respond even before actual fighting broke out in the south. At first, Lincoln suspended the writ of habeas corpus in Maryland as a way of securing safe travel for the military from the northern states to the capital . Eventually, President Lincoln either suspended the writ of habeas corpus by a direct order or authorized military commanders to suspend habeas corpus in various parts of the United States
After the Andrew Johnson’s resistance to reconstruction included bring Confederate states into the Union and letting the African American men vote. Under his held ideals of “white suffrage”. It pitted him in opposition against Congress; thus, his stubborn stance against Reconstruction is the real reason that lead to his impeachment hearing under the Tenure of Office Act of 1867, which is a federal law that passed by congress to restrict the power of the President remove people from office without the approval of the Senate, when he removed Secretary of War Edwin M. Stanton from his office. Reconstruction was the period following the Civil War, when the states of the Confederacy where the government controlled bringing them back into the union and gave rights to African Americans in the process. White suffrage simply meant: only white males could vote.
”(Dallek, 1) johnson was the only president in american history to have lost a war. This is the reason why he is such a poor president in the ranks. LBJ knew that laws were not enough. Therefore was born the concept of affirmative action, Johnson’s
I 'm going to do my assessment on Julius Ceasar & Abraham Lincoln. Julius Cesar & Abraham Lincoln, The lives of Julius Caesar and President Abraham Lincoln, have many unique difference and similarities. Their life 's history compares the similarities between Julius Caesar and President Abraham Lincoln. Both individuals were once leaders in the past, but people still look up to them even in today’s society. They shared a lot of power in their countries.
In the United States, the pardon power for federal crimes is granted to the President of the United States under Article II, Section 2 Clause 1 of the United States Constitution which states that “The President shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. " It includes the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines Electronic copy available at: http://ssrn.com/abstract=2400110 EXECUTIVE CLEMENCY IN UNITED STATES AND INDIA Kritarth Pandey Page 2 and forfeitures, respites and amnesties.1 The pardon power of the President extends only to offences cognizable under federal law. However, the
Andrew Johnson was impeached because he let some slaves free and become a citizen, and even vote. During the time of his presidency, white and black people were not equal and white’s didn’t like black people being among them and equal. Andrew Johnson was also impeached for other reasons also, but freedom of slaves was one of the main reasons. Bill Clinton is another example of an official being impeached. Clinton was impeached because he owed a lot of money and never payed it.
Members of Congress often would spend decades in public services and they became fixtures in Washington D.C. It has caused many to question whether term limits should be enacted around the world. A time limit is a rule that prevents government officials from serving for more than a specified number of terms. A time limit reflects the manner in which citizens envision their leaders. Several modern Presidents, including Truman and Eisenhower, have supported congressional term limits.
The arguments of men in ancient times were solved by their religious leaders or elders, as was the feud for which Friar Lawrence has the biggest impact on ending between Montagues and Capulets. Friar Lawrence is the most responsible for ending the conflict and hate between the Capulets and Montagues due to his interaction between their houses and his influence on them and the story. Friar Lawrence had agreed to marry Romeo and Juliet and made sure they could keep together through this marriage no matter what. Act II Scene V lines 90-93 “In one respect I’ll thy assistant be; for this alliance may so happy prove to turn you households’ rancor to pure love”.