The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
The veto message of the President was a calm, dignified and judicial
discussion of the constitutionality of the bill, and was in every way a
creditable document, sustaining fully the high character of his previous
vetoes. He called attention to the fact that the whole question of the
authority of the President in cases of removal from office had been
discussed thoroughly in Congress as early as 1789, and decided in favor of
the President. He quoted Madison's argument to prove that all executive
power, except what is specifically excepted, is vested in the President,
and that as no exception was made as to the power of removal, it must be
vested in him. He also cited many possible cases, in which it would be
absolutely necessary for the President to possess the power of
removal.[186] A decision of the Supreme Court was referred to,[187] in
which it was observed that both the legislative and the executive
department had assumed in practice that the power of removal was vested in
the President alone. When, for instance, the Departments of State, War and
the Treasury were created in 1789, provision was made for a subordinate
who should take charge of the office "when the head of the Department
should be removed _by the President of the United States_." Story, Kent
and Webster were all quoted as affirming the same legislative construction
of the Constitution. The great practical value of the power during the
Civil War was noticed, and its present and future necessity strongly
urged; and the message closed with an earnest appeal to Congress not to
violate the original spirit of the Constitution.
Public-domain text, read in full here on John Shaqi.
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