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Topic: Tenure of Office Act


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  Tenure of Office Act - HighBeam Encyclopedia   (Site not responding. Last check: 2007-10-07)
Tenure of Office Act in U.S. history, measure passed on Mar. 2, 1867, by Congress over the veto of President Andrew Johnson ; it forbade the President to remove any federal officeholder appointed by and with the advice and consent of the Senate without the further approval of the Senate.
Johnson's alleged violation of the Tenure of Office Act was the principal charge in the impeachment proceedings against him.
The act, considerably modified in Grant's administration, was in large part repealed in 1887, and in 1926 the Supreme Court declared its principles unconstitutional.
www.encyclopedia.com /doc/1E1-TenureOf.html   (278 words)

  
  Tenure of Office Act - Wikipedia, the free encyclopedia
The Tenure of Office Act, passed on March 2, 1867 over the veto of President Andrew Johnson, denied the President of the United States the power to remove from office anyone who had been appointed or approved by Congress, unless the removal was also approved by Congress.
The Tenure of Office Act had been specifically designed by Congress to protect Secretary of War Edwin Stanton from dismissal by President Andrew Johnson.
In 1887 the Tenure of Office Act was repealed.
en.wikipedia.org /wiki/Tenure_of_Office_Act   (339 words)

  
 Tenure of Office Act
The Tenure of Office Act, passed in 1867, denied the President of the United States the power to remove from office anyone who has been appointed or approved by Congress.
In 1887 the Tenure of Office Act was repealed.
In 1926, it was ruled unconstitutional by the United States Supreme Court in the case of Myers v.
www.ebroadcast.com.au /lookup/encyclopedia/te/Tenure_of_Office_Act.html   (113 words)

  
 Lalor, Cyclopaedia of Political Science, V.2, Entry 167, IMPEACHMENTS: Library of Economics and Liberty
One of the ablest of the federal justices of the supreme court was Chase, of Maryland, appointed Jan. 27, 1796.
Within twenty days after the senate should meet, the president was required by the tenure of office act to lay before the senate his reasons for any suspension during its intermission; in Stanton's case he did so, and the senate, Jan. 13, 1868, by a party vote of 35 to 6, non-concurred in Stanton's suspension.
The president, indeed, asserted that Gen. Grant had promised to hold the office in spite of the senate's non-concurrence, and thus force Secretary Stanton, by an appeal to the courts, to test the constitutionality of the act; and the assertion was sustained by all the cabinet officers except Stanton, but was denied by Gen. Grant.
www.econlib.org /library/ypdbooks/lalor/llCy558.html   (2902 words)

  
 THE TENURE OF OFFICE ACT OF 1867   (Site not responding. Last check: 2007-10-07)
The Tenure of Office Act, passed over the veto of President Andrew Johnson on March 2, 1867, provided that all federal officials whose appointment required Senate confirmation could not be removed without the consent of the Senate.
When the Senate was not in session, the Act allowed the President to suspend an official, but if the Senate upon its reconvening refused to concur in the removal, the officila must be reinstated in his position.
The President, however, refused to accept the Senate's decision, believing the Tenure of Office Act to be an unconstitutional infringement on the power of the executive.
www.law.umkc.edu /faculty/projects/ftrials/impeach/imp_tenure.html   (345 words)

  
 History of the Impeachment of Andrew Johnson, President of the United States - Chapter V The Tenure-of-Office Act.
The joint select Committee on Retrenchment, to whom was referred the bill to regulate the tenure of offices, have had the same under consideration, and have instructed me to report the bill back, with a recommendation of certain amendments, which being adopted, the committee are of the opinion that the bill ought to pass.
The question thus ably and exhaustively argued was decided by the House of Representatives, by a vote of 34 to 20, in favor of the principle that the executive power of removal is vested by the Constitution in the Executive, and in the Senate by the casting vote of the Vice President.
Having at an early period accepted the Constitution in regard to the executive office in the sense in which it was interpreted with the concurrence of its founders, I have found no sufficient grounds in the arguments now opposed to that construction or in any assumed necessity of the times for changing those opinions.
www.worldwideschool.org /library/books/hst/northamerican/HistoryoftheImpeachmentofAndrewJohnsonPresidentoftheUnitedStates/chap5.html   (3089 words)

  
 Tenure of Office Act -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-07)
In February 1868, after months of public conflict with Congress, Johnson notifed Congress that he was dismissing Stanton; Stanton locked himself in the (A former executive department of the United States government; created in 1789 and combined with the Navy Department in 1947) War Department, and had his declared successor arrested.
The crisis led to Johnson's (A formal document charging a public official with misconduct in office) impeachment, the first ever of a United States President, but after a three-month trial, Johnson avoided removal from office by the (Assembly possessing high legislative powers) Senate by a single vote.
In 1926, this type of law was ruled unconstitutional by the (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) United States Supreme Court in the case of (Click link for more info and facts about Myers v.
www.absoluteastronomy.com /encyclopedia/t/te/tenure_of_office_act.htm   (271 words)

  
 Spartanburg SC | GoUpstate.com | Spartanburg Herald-Journal
The Tenure of Office Act permitted the President to suspend an officer while the Senate was not in session--at that time, Congress sat during a relatively small portion of the year.
The act's phrasing was murky, and it was not clear whether his removal of Stanton (a holdover from the Lincoln administration whom Johnson had not appointed) violated the Act.
In 1878, the act initially prevented President Rutherford B. Hayes, as part of his effort at civil service reform, from removing Chester A. Arthur and Alonzo B. Cornell from their political patronage jobs at the New York Customs House.
www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Tenure_of_Office_Act   (450 words)

  
 Dáil Éireann - Volume 573 - 04 November, 2003 - Ceisteanna – Questions. - Ethics in Public Office Act.
As the Act specifies, the purpose of the code is to indicate the standards of conduct and integrity for office holders in the performance of their functions.
Office holders are not prohibited from being directors but they are advised that it would be better if they were not.
In his own code of conduct, “office holder” is described as the Taoiseach, the Tánaiste, a Minister of the Government, a Minister of State, the Attorney General, a Chairman or Deputy Chairman of Dáil Éireann or Seanad Éireann or a chairman of a committee of either House of the Oireachtas.
www.oireachtas-debates.gov.ie /D/0573/D.0573.200311040002.html   (4541 words)

  
 Congress
It was Johnson’s deliberate violation of this act by removing Secretary of War Edwin Stanton that led to Johnson’s impeachment in 1868.
The Senate Tenure of Office bill, prohibiting the President from removing officers without the advice and consent of the Senate, was adopted in the House on February 2, by a vote of 111 yeas to 38 nays.
The Tenure of Office bill was passed by the Senate and House over the President’s veto, without debate, on March 2.
www.impeach-andrewjohnson.com /08OvertObstructionOfCongress/V%201-3.htm   (322 words)

  
 Johnson, Andrew. The Columbia Encyclopedia, Sixth Edition. 2001-05
From 1830 onward Johnson was almost continuously in public office, being alderman (1828–30) and mayor (1830–33) of Greeneville, state representative (1835–37, 1839–41), state senator (1841–43), Congressman (1843–53), governor of Tennessee (1853–57), and U.S. Senator (1857–62).
When Johnson insisted upon his intention to force out of office his Secretary of War, Edwin M. Stanton, whom he rightly suspected of conspiring with the congressional leaders, the radical Republicans sought to remove the President.
Most important of the charges, which were purely political, was that he had violated the Tenure of Office Act in the Stanton affair.
www.bartleby.com /65/jo/JohnsonAn.html   (792 words)

  
 Johnson-Clinton Paper
Johnson vetoed the Tenure of Office Act when the bill initially reached his desk, believing it to be an unconstitutional invasion of presidential powers.
Hence, believing that the president in question was unsuited to be in office and as an effective opponent of their agenda, the drumbeat for impeachment began among the frustrated Republican extremists in both the 1860s and 1990s.
It took Johnson's violation of the Tenure of Office Act to convince the non-Radical Republicans in the House that the President merited removal from office.
www.unco.edu /drshaff/johnsonclinton_paper.htm   (5596 words)

  
 Third Reconstruction Act   (Site not responding. Last check: 2007-10-07)
But if the Senate shall refuse to concur in such suspension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties in his stead shall cease, and the official salary and emoluments of such officer shall,.
And be it further enacted, That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter.
And be it further enacted, That nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law.
www.multieducator.com /Documents/Tenureoffice.html   (227 words)

  
 Ch. 15 People's Rights
The Tenure of Office Act was passed by the radical Republicans.
Johnson remained in office after the senate vote for his impeachment was one short of the two-thirds majority needed; he had no more political influence and did not run for reelection.
The Tenure of Office Act was declared unconstitutional by the Supreme Court a few years after the impeachment trial of Johnson.
brt.uoregon.edu /cyberschool/history/ch15/rights.html   (1006 words)

  
 Tenure of Office Act: Definition and Links by Encyclopedian.com - All about Tenure of Office Act
Tenure of Office Act: Definition and Links by Encyclopedian.com - All about Tenure of Office Act
The Tenure of Office Act, passed in 1867, denied the President of the United States the power to remove from office anyone who has been appointed or approved by Congress.
This crisis led to Johnson's impeachment, but not his conviction by the Senate.
www.encyclopedian.com /te/Tenure-of-Office-Act.html   (156 words)

  
 JURIST - Impeachment 1868: The Trial of Andrew Johnson
The Tenure of Office Act, passed in 1867 over yet another presidential veto, prohibited the President from removing from office, without the concurrence of the Senate, those officials whose appointment required Senate approval.
Johnson was anxious to challenge the constitutionality of the Tenure of Office Act in court, but to do so he would have to replace Stanton and defy the Senate.
Curtis argued that Stanton was not covered by the Tenure of Office Act because the "term" of Lincoln ended with his death, that the President did not in fact violate the Act because he did not succeed in removing Stanton from office, and that the Act itself unconstitutionally infringed upon the powers of the President.
jurist.law.pitt.edu /trials13.htm   (2772 words)

  
 Closing Statements
this tenure-of-office act came to be considered by the President in reference to his purpose to remove Mr.
Stanton from office, he had a right and it was his duty to decide for himself whether the proposed removal of Mr.
Stanton was or was not forbidden by the act.
www.classzone.com /books/ca_1877/act/johnson/closing/closing.html   (486 words)

  
 The Tenure Of Office at Directory Resources   (Site not responding. Last check: 2007-10-07)
The action of President Johnson that led directly to his impeachment was his deliberate violation of the Tenure of Office Act.
Introduction to Promotion and Tenure - The Office of Education at...
The Tenure of Office Act permitted the President to suspend an officer while the Senate was not in session--at that time, Congress sat during a relatively...(Continue Reading)
www.luhonline.org /the-tenure-of-office.htm   (305 words)

  
 From Revolution to Reconstruction: Documents:Exerpt from: James W. Grimes, Opinion on the Trial of Andrew Johnson, 1868
It is clear to any mind that the proviso [of the Tenure of Office Act of 1867] does not include, and was not intended to include, Mr.
He cannot hereafter go out of office at the end of the term of the President by whom he was appointed.
The meaning and effect of the proviso were then explained and understood to he that the only tenure of the Secretaries provided for by this law was a tenure to end with the term of service of the President by whom they were appointed, and as this new tenure could not include Mr.
odur.let.rug.nl /~usa/D/1851-1875/reconstruction/grimes.htm   (835 words)

  
 Andrew Johnson
Andrew Johnson faced impeachment by Radicals when he violated the Tenure of Office Act (created by radicals) - he was acquitted by one vote.
When Johnson allegedly violated one of these, the Tenure of Office Act, by dismissing Secretary of War Edwin M. Stanton, the House voted eleven articles of impeachment against him.
Tenure of Office bill passed over veto (1867).
www.course-notes.org /biographies/andrewjohnson.htm   (1522 words)

  
 Background : Johnson Impeached
That General Thomas signed himself as such, and attempted to exercise the duties of the office; that he declared his intention to obtain possession by force if resisted, and that he stated his failure to do so was in consequence of the legal action of Mr.
It is established further that the President officially acknowledged the validity of the law by confessedly acting under its authority, while he declared that he did not recognize it as binding; that in September, after the suspension of Mr.
Stanton is not within the scope of the law; that the law is against precedent and interpretation; that, therefore, amidst the conflict of authorities and the uniformity of practice, to question the validity of the law is not necessary hostility to the Government; that Mr.
classes.lls.edu /archive/manheimk/371d1/johnson1.html   (4309 words)

  
 US CODE: Title 29,3. Commissioner; appointment and tenure of office; compensation
Act June 13, 1888, raised salary from $3,000 to $5,000 per annum.
Act Mar. 18, 1904, changed name of Department of Labor to Bureau of Labor.
Act Mar. 4, 1913, authorized the substitution of “Commissioner of Labor Statistics” and “Bureau of Labor Statistics” for “Commissioner of Labor” and “Bureau of Labor”, respectively.
assembler.law.cornell.edu /uscode/html/uscode29/usc_sec_29_00000003----000-notes.html   (154 words)

  
 Tenure of Office Act: West's Encyclopedia of American Law
It became Johnson's responsibility to determine a reconstruction policy, and he incurred the anger of the Radical Republicans in Congress when he chose a moderate treatment of the rebellious South.
Congress sought to diminish Johnson's authority to select or remove officials from office, and the Radical Republicans particularly wanted to protect Lincoln's secretary of war, EDWIN M. Stanton, a valuable member of the existing cabinet, supported the Radicals' Reconstruction policies and openly opposed Johnson.
On March 2, 1867, Congress enacted the Tenure of Office Act (14 Stat.
law.enotes.com /wests-law-encyclopedia/tenure-office-act   (185 words)

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