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To: 4ConservativeJustices
And Andrew Johnson, right up there with Bill Clinton, came ultra close to being booted out of the White House.


1,304 posted on 01/17/2005 3:19:24 PM PST by M. Espinola (Freedom's never free)
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To: M. Espinola; 4ConservativeJustices
[M. Espinola #1304] And Andrew Johnson, right up there with Bill Clinton, came ultra close to being booted out of the White House.

President Johnson should have been given a medal for firing Edwin Stanton and driving him out of office.

Of course, the insane whack jobs who brought the articles of impeachment did so under the UNCONSTITUTIONAL Tenure of Office Act that they had passed in yet another of their insane and unscrupulous power grabs.

Unlike Clinton, President Johnson was impeached for attempting to defend the Constitution against the UNconstitutional actions of Congress. Unlike Lincoln, President Andrew Johnson fought to defend the Constitution and not to evade it or rape it.

LINK

U.S. Supreme Court, MYERS v. UNITED STATES, 272 U.S. 52 (1926)

A reference of the whole power of removal to general legislation by Congress is quite out of keeping with the plan of government devised by the framers of the Constitution. It could never have been intended to leave to Congress unlimited discretion to vary fundamentally the operation of the great independent executive branch of government and thus most seriously to weaken it. It would be a delegation by the convention to Congress of the function of defining the primary boundaries of another of the three great divisions of government. The inclusion of removals of executive officers in the executive power vested in the President by article 2 according to its usual definition, and the implication of his power of removal of such officers from the provision of section 2 expressly recognizing in him the power of their appoint- [272 U.S. 52, 128] ment, are a much more natural and appropriate source of the removing power.

It is reasonable to suppose also that had it been intended to give to Congress power to regulate or control removals in the manner suggested, it would have been included among the specifically enumerated legislative powers in article 1, or in the specified limitations on the executive power in article 2. The difference between the grant of legislative power under article 1 to Congress which is limited to powers therein enumerated, and the more general grant of the executive power to the President under article 2 is significant. The fact that the executive power is given in general terms strengthened by specific terms where emphasis is appropriate, and limited by direct expressions where limitation is needed, and that no express limit is placed on the power of removal by the executive is a convincing indication that none was intended.

* * *

But the chief legislation in support of the reconstruction policy of Congress was the Tenure of Office Act of March 2, 1867, 14 Stat. 430, c. 154, providing that all officers appointed by and with the consent of the Senate should hold their offices until their successors should have in like manner been appointed and qualified; that certain heads of departments, including the Secretary of War, should hold their offices during the term of the President by whom appointed and one month thereafter, subject to removal by consent of the Senate. The Tenure of Office Act was vetoed, but it was passed over the veto. The House of Representatives preferred articles of impeachment against President Johnson for refusal to comply with, and for conspiracy to defeat, the legislation above referred to, but he was acquitted for lack of a two-thirds vote for conviction in the Senate.

* * *

When on the merits we find our conclusion strongly favoring the view which prevailed in the First Congress, we have no hesitation in holding that conclusion to be correct; and it therefore follows that the Tenure of Office Act of 1867, in so far as it attempted to prevent the President from removing executive officers who had been appointed by him by and with the advice and consent of the Senate, was invalid, and that subsequent legislation of the same effect was equally so.

For the reasons given, we must therefore hold that the provision of the law of 1876 by which the unrestricted power of removal of first-class postmasters is denied to the President is in violation of the Constitution and invalid. This leads to an affirmance of the judgment of the Court of Claims.


1,319 posted on 01/18/2005 12:44:26 AM PST by nolu chan
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