Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
As Congress passed these propositions by the necessary two-thirds
majority they were not submitted to the President at all, it being
considered that his disapproval, if given, would avail nothing against
such a majority. This has been the custom from the first in
Congressional propositions of amendment, and it is now too late to
dispute its regularity. But it is easy to see that the President might
support a veto of such propositions by such reasoning as to make it at
least possible that sufficient votes might be changed from affirmative
to negative upon them, to finally defeat them; and it is certainly true
that the Constitution requires that every bill, order, resolution, or
vote to which the concurrence of the Senate and House of
Representatives may be necessary (except on a question of adjournment)
shall be presented to the President and is subject to his approval or
veto, no matter by what majority it may have been passed.
{80} [Sidenote: The President's attitude toward the proposed
amendment.]
However, President Johnson had no opportunity to express himself
officially or make himself officially felt in regard to this Amendment.
It was pretty well understood that he did not view it with favor while
it was pending, and it soon became manifest that he was advising its
rejection by the "States."
[Sidenote: Mr. Seward's acts in regard to ratification.]
Mr. Seward issued his notification of the passage of the amendment by
Congress to the "State" legislatures for their ratificatory action on
the 16th of June. He sent the same to the legislatures of all the
"States," that is, to the legislatures of those bodies claiming to be
"States" under the President's plan of Reconstruction, as well as to
the legislatures of those "States" which had never pretended to secede
from the Union. This was, again, certainly a recognition of all these
bodies as "States" of the Union by the executive branch of the
Government, at least.
[Sidenote: The requirement that the ratification of the proposed
Amendment should be the condition of the admission of the Senators- and
Representatives-elect to seats in Congress.]
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