In May, 1868, the Senate came within a single vote of taking the unprecedented step of removing a president from office. Although the impeachment trial of Andrew Johnson was ostensibly about a violation of the Tenure of Office Act, it was about much more than that. Also on trial in 1868 were Johnson's lenient policies towards Reconstruction and his vetoes of the Freedmen's Bureau Act and the Civil Rights Act. The trial was, above all else, a political trial.
2007-03-24 07:14:51
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answer #1
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answered by CanProf 7
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Here is all the info you could right on his impeachment from Wikipedia. It describes the two attempts the congress made. Just do a brief summary of both then but it in a paragraph. Good luck!
[edit] First attempt
Harper's Weekly illustration of Johnson's impeachment trial in the United States Senate.There were two attempts to remove President Andrew Johnson from office. The first occurred in the fall of 1867. On November 21st of that year, the House Judiciary committee produced a bill of impeachment that was basically a vast collection of complaints against him. After a furious debate, there was a formal vote in the House of Representatives on December 5th, which failed 108-57. [11]
[edit] Second attempt
Main article: Impeachment of Andrew Johnson
Johnson notified Congress that he had removed Edwin Stanton as Secretary of War and was replacing him in the interim with Adjutant-General Lorenzo Thomas. Johnson had wanted to replace Stanton with former General Ulysses S. Grant, who refused to accept the position. This violated the Tenure of Office Act, a law enacted by Congress in March, 1867 over Johnson's veto, specifically designed to protect Stanton. Johnson had vetoed the act, claiming it was unconstitutional. The act said, "...every person holding any civil office, to which he has been appointed by and with the advice and consent of the Senate ... shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified," thus removing the President's previous unlimited power to remove any of his Cabinet members at will. Years later in the case Myers v. United States in 1926, the Supreme Court ruled that such laws were indeed unconstitutional.
The 1868 Impeachment ResolutionThe Senate and House entered into debate. Thomas attempted to move into the war office, for which Stanton had Thomas arrested. Three days after Stanton's removal, the House impeached Johnson for intentionally violating the Tenure of Office Act.
The Situation
A Harper's Weekly cartoon gives a humorous breakdown of "the situation". Secretary of War Edwin Stanton aims a cannon labeled "Congress" on the side at President Johnson and Lorenzo Thomas to show how Stanton was using congress to defeat the president and his unsuccessful replacement. He also holds a rammer marked "Tenure of Office Bill" and cannon balls on the floor are marked "Justice". Ulysses S. Grant and an unidentified man stand to Stanton's left.On March 5, 1868, a court of impeachment was constituted in the Senate to hear charges against the President. William M. Evarts served as his counsel. Eleven articles were set out in the resolution, and the trial before the Senate lasted almost three months. Johnson's defense was based on a clause in the Tenure of Office Act stating that the then-current secretaries would hold their posts throughout the term of the President who appointed them. Since Lincoln had appointed Stanton, it was claimed, the applicability of the act had already run its course.
There were three votes in the Senate: one on May 16 for the 11th article of impeachment, which included many of the charges contained in the other articles, and two on May 26 for the second and third articles, after which the trial adjourned. On all three occasions, thirty-five Senators voted "Guilty" and nineteen "Not Guilty". As the Constitution requires a two-thirds majority for conviction in impeachment trials, Johnson was acquitted. A single changed vote would have sufficed to return a "Guilty" verdict. Seven Republican Senators went against their party, voting "Not Guilty" on grounds of insufficient evidence, including Edmund G. Ross of Kansas, who provided the decisive vote.[12]
Before 1960 most historians held the impeachment of Andrew Johnson was a violation of American values regarding division of powers and fair play. Had Johnson been successfully removed from office, he would have been replaced with Radical Republican Benjamin Wade, making the presidency and Congress somewhat uniform in ideology, although in many ways Wade was more "radical" than the Republicans in Congress. This would have established a precedent that a President could be removed not for "high crimes and misdemeanors," but for purely political differences.
2007-03-24 14:15:06
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answer #2
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answered by zach b 2
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