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2 answers

Yes.

The Tenure-of-Office act was certainly unconstitutional. However, a LAW once passed by Congress and signed by the President, or as in this case, vetoed by the President and overridden by Congress are the LAWS of the LAND until such time as they are repealed or declared unconstitutional by the USSC.

What Johnson SHOULD have done was to take the case to court and have it declared unconstitutional, not violate the law because he THINKS its unconstitional..

The Tenure of Office act was mostly repealed in 1887 and finally overturned by the USSC in:

Myers v. United States 272 U.S. 52 (1926)

whale

2007-07-21 17:37:36 · answer #1 · answered by WilliamH10 6 · 0 0

In a word, yes. The vague phrasing from the Constitution "High crimes and misdemeanors" leaves a great deal of leeway in what the House of Representatives may choose.

2007-07-21 14:42:23 · answer #2 · answered by Michael J 5 · 0 0

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