Prompt: Despite commonly held belief, Congress during the Reconstruction did not in fact upset the system of checks and balances established in the Constitution. Access the validity of this statement
Thesis: The statement that Congress during the Reconstruction did not in fact upset the system of checks and balances established in the Constitution is primarily invalid where the upsetting of balances in Congress was minor during Stage 1 and 3, but highlighted in Stage 2.
During Stage 1 of Reconstruction, characterized by a minor upsetting of balance in power.
- Lincoln was a moderate and Johnson, though racist and from the south, was not radical nor favored vengeful Reconstruction.
- TF passed the 10% Plan which decreed that any state could be reintegrated into the Union when 10% of its voters in the presidential election of 1860 took an oath of allegiance.
o Radical Republicans led Thaddeus Stevens in the House and Charles Sumner in the Senate refused to recognize new governments
o Also attempted to have Wade-Davis Bill to increase the oath to 50% and demanded stronger safeguards for emancipation.
- Lincoln would pocket-veto this bill which favored a more confrontational, revenge-taking Reconstruction that the Radical Republicans favored.
o HV Republicans outraged and refused to seat delegates from LA after the state has recognized its government in accordance with Lincoln’s 10% plan
§ Upsetting of powers and obstruction to powers granted to Congress by the Constitution.
§ During this time the moderate Radical Republican majority tended to agree with Lincoln, though states were to be restored on Congress’ terms, not presidents
· Foreshadows upcoming upsetting of Congressional powers as president was head of executive.
o Republicans insist that seceders left the Union and viewed the south as “conquered provinces”
§ Believed that south should have social structure uprooted, planters punished, blacks protected by federal power.
- After Lincoln’s assassination by John Wilkes Booth at Fords Theatre, Johnson, a southern, racist, noncooperationist, Democrat, Moderate.
- Johnson’s
o HV continued Lincoln’s moderate approach and issued own Reconstruction proclamation
§ Disfranchised certain leading Confederates
§ Requires loyalty oath and renunciation of secession.
· Directly against views of Radical Republicans.
o One of first acts of Southern regimes sanctioned by Johnson were the Black Codes
§ Johnson was Democrat and directly against rights-giving Republicans
o Pardoned all but highest ranking CSA officials which gives the back great power and no social changes which is what Radical Republicans want.
§ Many including Alexander Stephens would be elected to Congress, agitating Radical Republicans even further.
CONGRESS INCREASES POWER
- Extension of the power of the Congress where power of balance has not been upset yet
- Direct response to president vetoing bill to extending life of Freedmen’s Bureau.
o TF Republicans passed the Civil Rights Bill which conferred on blacks the privilege of American citizenship and struck at the Black Codes
§ Johnson vetoed bill on constitutional grounds, but Congress managed to override veto with needed 2/3 vote.
o At this point was not an upsetting of balances, but the ability of Congress to muster enough strength to override presidential veto foreshadows strength – that is to be abused.
- Passing of the 14th Amendment which guaranteed due process to Black men
o When Johnson advised Southern states to reject it, all of the “sinful eleven” but Tennessee would reject it.
§ However was not an upsetting of balance of powers.
- Increase of Republican power in Congress largely of Johnson’s own making
o His Swinging ‘Round the Circle 1866 rudely agitated politics as he accused Radicals in Congress of planning large scale antiblack riots and murder in the South.
o AR Republicans obtained more than 2/3 majority in both houses of Congress after reelection.
END OF MODERATE APPROACH – STAGE 2
- 14th Amendment passed which prohibited any state for obstructing “due process” to any man but did not grant them to vote.
o Decreed that southern states either give them the vote or stop counting them.
o Meant to override Black Codes and aimed to give Black Men the vote by which they would vote Republican.
§ Cornering Democrats to lose power in Congress (either through black vote or House)
- As a result of race riots in Southern cities, Congress passed Reconstruction Act 1867
o Divided South into 5 military districts, each commanded by a Union General
§ End of “moderate” approach to Reconstruction
§ Forced states to allow blacks to vote for convention delegates and required each state to ratify 14th Amendment and required Congress to approve each new state constitution before states could be “readmitted” to the Union.
o Prohibited
- Was a clash in ideal approach towards Reconstruction, but not an upsetting of balance of powers
o Congress had reversed the moderate approach by Presidents, which would have been the commonly held belief, but right now exercised their powers due to their Republican majority in Congress.
o Radicals like Charles Sumner labored not only for black freedom but racial equality, and Thaddeus Stevens had previously defended runaway slaves in court w/o free and insisted on burial in a black cemetery and eagerly favored military Reconstruction/radical Reconstruction of the South.
- Temporarily disfranchised many former Confeds.
o Did not upset balance as the Congress as they passed a bill in their congressional powers.
o Thaddeus Stevens leading figure on Joint Committee on Reconstruction.
- Congressional balance by Ex parte Milligan (1866)
o Ruled that military tribunals could not try civilians, even in war time where civil courts were open.
o Checked on Congress’ attempt to take over Commander in Chief position of president.
§ Judiciary branch checked what would have been Congressional upholding of peacetime military rule which was contrary to Constitution.
- Congress begins to upset balance of Congress/Executive Power balance
o Wished to impeach President Johnson altogether so that pro tempore of Senate radical Wade would become president.
- TF Tenure of Office Act first violation of balance of Congressional powers
o Required president to secure consent of Senate before removing appointees once that body has approved them.
§ Purpose was to protect Secretary of War Edwin M. Stanton (secretly spy for radicals)
o As secured in Constitution president had right to appoint (once approved by Congress) and fire Cabinet members whenever he wants.
- 2nd violation of Constitution was Army Act
o Reduced presidential control over the army.
- When Johnson impeached Stanton, Congress moved onto impeachment.
o House largely voted to impeach Johnson for “high crimes and misdemeanors”
§ HV this was not the case as he exercised powers as part of the Presidential Power.
- Impeached by Congress which was within powers of Congress, though based on on unconstitutional Office of Tenure
o AR Johnson first president to become impeached and within one vote of being removed from office.
- Soon Johnson indicated that he would stop obstructing Republican policies in return for remaining in office.
o TF avoided dangerous precedent that would have weakened the presidential power of Congress.
- During Johnson’s remaining term, Congress did not violate powers, partly because Johnson did not oppose their policies
o Would lead to successful policies including transfer of Alaska by Seward.
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