The Politics of Reconstruction
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WHTP-2009-06-National-Security-1.Pdf
ABOUT THE AUTHOR Louis Fisher is Specialist in Constitutional Law with the Law Library of the Library of Congress. The views expressed here are personal, not institutional. Earlier in his career at the Library of Congress, Fisher worked for the Congressional Research Service from 1970 to March 3, 2006. During his service with CRS he was Senior Specialist in Separation of Powers and research director of the House Iran-Contra Committee in 1987, writing major sections of the final report. Fisher received his doctorate in political science from the New School for Social Research and has taught at a number of universities and law schools. He is the author of eighteen books, including In the Name of National Security: Unchecked Presidential Power and the Reynolds Case (2006), Presidential War Power (2d ed. 2004), Military Tribunals and Presidential Power (2005), The Politics of Executive Privilege (2004), American Constitutional Law (with Katy J. Harriger, 8th ed. 2009), Constitutional Conflicts between Congress and the Presidency (5th ed. 2005), Nazi Saboteurs on Trial: A Military Tribunal and American Law (2003), and, most recently, The Constitution and 9/11: Recurring Threats to America’s Freedoms (2008). He has received four book awards. Fisher has been invited to testify before Congress on such issues as war powers, state secrets, CIA whistle-blowing, covert spending, NSA surveillance, executive privilege, executive spending discretion, presidential reorganization authority, Congress and the Constitution, the legislative veto, the item veto, the pocket veto, recess appointments, the budget process, the Gramm-Rudman-Hollings Act, the balanced budget amendment, biennial budgeting, presidential impoundment powers, and executive lobbying. -
Settlement and 1796 Constitution • the Area That Became Tennessee
••••••••••••TENNESSEE CONSTITUTIONAL HISTORY Settlement and 1796 Constitution • The area that became Tennessee was part of the 1663 land grant of North Carolina from Charles II. • In violation of the British Proclamation of 1763 prohibiting settlements west of the Appalachian Mountains, the Watauga settlement was founded in 1771. (T. R's "Great Leap Westward" He wrote that Robertson and Sevier were two of the three greatest leaders in the development west of the mountains, the third being George Rogers Clark) The Watauga Association adopted articles to govern their settlement in 1772—this was the first government west of the mountains. The last British Governor of Virginia, the Earl of Dunmore, wrote in 1774 that Watauga was "a dangerous example to the people of America of forming governments distinct from and independent of his majesty's authority." In 1775, Richard Henderson purchased a large area of Kentucky and Middle Tennessee from the Cherokees--20 million acres for 6 wagon loads of goods. The governments of Virginia and North Carolina refused to recognize it. It was Henderson who was behind the settlement of Nashville in 1779-80. James Robertson led most of the men and the livestock over land to the settlement. John Donelson led a flotilla by water, down the Tennessee River to the Ohio, up the Ohio to the Cumberland, and up the Cumberland to the settlement. The Cumberland Compact was signed in 1780. It provided for the government of the settlement. · After being ignored by North Carolina for many years, the eastern settlements attempt to form the state of Franklin in 1784. -
Judah P. Benjamin, Whom Some Historians Have Called "The Brains of the Confederacy," Even As Others Tried to Blame Him for the South’S Defeat
Judah Benjamin By Marc Burofsky One of the most misunderstood figures in American Jewish history is Judah P. Benjamin, whom some historians have called "the brains of the Confederacy," even as others tried to blame him for the South’s defeat. Born in the West Indies in 1811 to observant Jewish parents, Benjamin was raised in Charleston, South Carolina. A brilliant child, at age 14 he attended College and practiced law in New Orleans. A founder of the Illinois Central Railroad, a state legislator, a planter who owned 140 slaves until he sold his plantation in 1850, Judah Benjamin was elected to the United States Senate from Louisiana in 1852. When the slave states seceded in 1861, Confederate President Jefferson Davis appointed Benjamin as Attorney-General, making him the first Jew to hold a Cabinet-level office in an American government and the only Confederate Cabinet member who did not own slaves. Benjamin later served as the Confederacyís Secretary of War, and then Secretary of State. For an individual of such prominence, Benjaminís kept his personal life and views somewhat hidden. In her autobiography, Jefferson Davisís wife, Varina, informs us that Benjamin spent twelve hours each day at her husbandís side, tirelessly shaping every important Confederate strategy and tactic. Yet, Benjamin never spoke publicly or wrote about his role and burned his personal papers before his death, allowing both his contemporaries and later historians to interpret Benjamin as they wished, usually unsympathetically. During the Civil War itself, many Southerners blamed Benjamin for their nationís misfortunes. The Confederacy lacked the men and materials to match the Union armies and, when President Davis decided in 1862 to let Roanoke Island fall into Union hands without mounting a defense rather than letting the Union know the true weakness of Southern forces, Benjamin, as Davisís loyal Secretary of War, took the blame and resigned. -
CRS Report for Congress Received Through the CRS Web
Order Code RS22188 Updated January 4, 2006 CRS Report for Congress Received through the CRS Web Regular Vetoes and Pocket Vetoes: An Overview Kevin R. Kosar Analyst in American National Government Government and Finance Division Summary The veto power vested in the President by Article I, Section 7 of the Constitution has proven to be an effective tool for the chief executive in his dealings with Congress. Since the founding of the federal government in 1789, 35 of 43 Presidents have exercised their veto authority a total of 2,550 times. Congress has overridden these vetoes on 106 occasions (4.2%). Presidents have vetoed 80 appropriations bills, and Congress has overridden 12 (15.0%) of these vetoes. This report will be updated at the beginning of each new Congress. Constitutional Basis and Importance To become law, the U.S. Constitution (Article I, Section 7) provides that all bills that have been approved by both houses of Congress must be presented to the President for his approval and signature.1 The President may sign a bill into law within the 10-day period (excluding Sundays) provided in the Constitution,2 let it become law without his signature, or veto it. The Constitution states that, when the President vetoes a bill, “he shall return it, with his Objections to that House in which it shall have originated.” This type of action is called a “regular” or “return” veto. If, on the other hand, Congress has adjourned within the 10-day period after presentation of the bill to the President (thereby preventing the return of the bill to Congress), the President may simply withhold his signature, and the bill does not become law — a practice that has been dubbed a “pocket” veto.3 The President’s veto authority is among his most significant tools in legislative 1 These bills include joint resolutions, but do not include proposed amendments to the Constitution, which require a two-thirds vote in each house, and are sent directly to the states for approval. -
CHAIRMEN of SENATE STANDING COMMITTEES [Table 5-3] 1789–Present
CHAIRMEN OF SENATE STANDING COMMITTEES [Table 5-3] 1789–present INTRODUCTION The following is a list of chairmen of all standing Senate committees, as well as the chairmen of select and joint committees that were precursors to Senate committees. (Other special and select committees of the twentieth century appear in Table 5-4.) Current standing committees are highlighted in yellow. The names of chairmen were taken from the Congressional Directory from 1816–1991. Four standing committees were founded before 1816. They were the Joint Committee on ENROLLED BILLS (established 1789), the joint Committee on the LIBRARY (established 1806), the Committee to AUDIT AND CONTROL THE CONTINGENT EXPENSES OF THE SENATE (established 1807), and the Committee on ENGROSSED BILLS (established 1810). The names of the chairmen of these committees for the years before 1816 were taken from the Annals of Congress. This list also enumerates the dates of establishment and termination of each committee. These dates were taken from Walter Stubbs, Congressional Committees, 1789–1982: A Checklist (Westport, CT: Greenwood Press, 1985). There were eleven committees for which the dates of existence listed in Congressional Committees, 1789–1982 did not match the dates the committees were listed in the Congressional Directory. The committees are: ENGROSSED BILLS, ENROLLED BILLS, EXAMINE THE SEVERAL BRANCHES OF THE CIVIL SERVICE, Joint Committee on the LIBRARY OF CONGRESS, LIBRARY, PENSIONS, PUBLIC BUILDINGS AND GROUNDS, RETRENCHMENT, REVOLUTIONARY CLAIMS, ROADS AND CANALS, and the Select Committee to Revise the RULES of the Senate. For these committees, the dates are listed according to Congressional Committees, 1789– 1982, with a note next to the dates detailing the discrepancy. -
“The Wisest Radical of All”: Reelection (September-November, 1864)
Chapter Thirty-four “The Wisest Radical of All”: Reelection (September-November, 1864) The political tide began turning on August 29 when the Democratic national convention met in Chicago, where Peace Democrats were unwilling to remain in the background. Lincoln had accurately predicted that the delegates “must nominate a Peace Democrat on a war platform, or a War Democrat on a peace platform; and I personally can’t say that I care much which they do.”1 The convention took the latter course, nominating George McClellan for president and adopting a platform which declared the war “four years of failure” and demanded that “immediate efforts be made for a cessation of hostilities, with a view to an ultimate convention of the states, or other peaceable means, to the end that, at the earliest practicable moment, peace may be restored on the basis of the Federal Union of the States.” This “peace plank,” the handiwork of Clement L. Vallandigham, implicitly rejected Lincoln’s Niagara Manifesto; the Democrats would require only union as a condition for peace, whereas the Republicans insisted on union and emancipation. The platform also called for the restoration of “the rights of the States 1 Noah Brooks, Washington, D.C., in Lincoln’s Time, ed. Herbert Mitgang (1895; Chicago: Quadrangle Books, 1971), 164. 3726 Michael Burlingame – Abraham Lincoln: A Life – Vol. 2, Chapter 34 unimpaired,” which implied the preservation of slavery.2 As McClellan’s running mate, the delegates chose Ohio Congressman George Pendleton, a thoroughgoing opponent of the war who had voted against supplies for the army. As the nation waited day after day to see how McClellan would react, Lincoln wittily opined that Little Mac “must be intrenching.” More seriously, he added that the general “doesn’t know yet whether he will accept or decline. -
Pocket Veto ‑ General” of the White House Records Office: Legislation Case Files at the Gerald R
The original documents are located in Box 1, folder “Pocket Veto ‑ General” of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 1 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library 1/30/76 Mr. Jones: FYI and retentiono Original was sent to Mr. Schmults today for appropriate handling. Katie ®ffin' of tqr .Attomry <Grnrral llht.s~ingtnn, D.<!:. 20~30 January 29, 1976 The President The White House Washington, D. C. Dear Mr. President: The Department of Justice is presently involved in a case which raises the question whether a President may lawfully use . a pocket veto during intra-session an6 inter-session adjournments of Congress. That case, Kennedy v. Jones, is now pending in the District Court for the District of Columbia and concerns two bills uhich were pocket vetoed, the first by President Nixon during the sine die adjournment of the 1st Session of the 93rd Congress, which lastea-19 days, and the other by you during a 32-day intra-session recess taken by both Houses of the 93rd Congress. -
Basic Training
PARLIAMENTARY PROCESS, BASIC FACTS, AND STRATEGIES Parliamentary BOOt camp TRAINING The Final Steps: Enrollment, Enactment, and Vetoes After legislation passes both Houses of Congress in the same form, the Constitution provides that it be “presented” to the President for his signature. The process of preparing the bill, known as “enrollment,” ensures that the version given to the President for signing is the true and correct representation of the legislation passed by Congress. Upon presentment, the President may either sign the bill, enacting it into law, or refuse to sign it, vetoing the legislation. ENROLLMENT houses must pass a concurrent resolution After a bill or joint resolution passes both requesting that the President return the the House and Senate and reaches its final enrolled bill prior to enactment. form, the chamber that the legislation The more commonly arising issue, how- originated in enrolls the bill for pre- sentment to the President for either his ever, occurs when the bill is correctly signature or veto. The enrollment process enrolled by the Clerk and the Secretary, includes both the careful examination of yet is done so with an error in the underly- the official text to ensure it is the exact ing legislative language passed by both text passed by both houses, and the print- Houses. In this case, both Houses must ing of the dually -adopted final version pass a concurrent resolution directing on parchment paper. In the House, the the enrolling official (either the Clerk or Clerk oversees this process; in the Senate, the Secretary, as the case may be) to “cor- the Secretary of the Senate sustains the rect” the enrollment of the bill. -
Why Was This Document Important Following the Emancipation Proclamation
Why Was This Document Important Following The Emancipation Proclamation Devoted and accusative Harvard empales her works reinvolved inexpensively or calcined only, is Randolf scrotal? Cavicorn Duke power-dive her Montgomeryshire so uneventfully that Karim stork's-bill very conducingly. Folk and self-focusing Archon conflict her halftone outdriven while Dante associating some somnambulate tenuously. In the civil war against this act of the very people so many democrats howling against slavery was less glowing terms Called the Cabinet to hear now and foreman was published the following Monday. When discussing what occurred or changed the following the document important emancipation was proclamation in its significance of. Emancipation Proclamation Further Readings Lincoln. Of the United States containing among other things the exquisite to wit. Than one year these Rebel army had scored important victories and carve very error of the United. 52 A major supply of the Emancipation Proclamation was to 1 gain. Source for information on Emancipation and the Emancipation Proclamation Gale. Should make notes on select vocabulary in the margin and seldom any thoughts that area feel may schedule important. For authentication and strengthened the potomac, and energy left dead and end of rights to this important. Forten wrote the whole question if indeed remain at black emigration of proclamation was this important document for all disloyal owners, the federal government of. Union to the civil war against the document important following emancipation was proclamation did something would have supported the myth trace to receive wages and were to it as a constitution of. Port royal would begin to emancipation proclamation was not before the border states in union army and elizabeth city: jenkins publishing group differed in all this has now join the slaves? Through examination of ten original document related writings of Lincoln as sister as little guy first. -
Lincoln's Reconstruction Plan Vs. the Radical Republicans
Lincoln's Reconstruction Plan vs. the Radical Republicans Annotation Reconstruction was the period during which the United States began to rebuild after the Civil War, lasting from 1865 to 1877, although some historians use 1863 (Emancipation Proclamation) as the starting point. The term also refers to the process the federal government used to readmit the Confederate states. Complicating the process was that Abraham Lincoln, Andrew Johnson (President after Lincoln), and both the moderate and Radical Republicans in Congress had differing views on how to handle the situation. Lincoln, prior to his assassination by John Wilkes Booth (5 days after the war ended), had made it clear that he favored a lenient Reconstruction policy. In December of 1863 (well before the war ended) Lincoln announced his Proclamation of Amnesty and Reconstruction, also known as the 10 Percent Plan. Lincoln’s moderate Reconstruction plan angered both moderate and Radical Republicans in Congress. Led by Senator Charles Sumner of Massachusetts and Representative Thaddeus Stevens of Pennsylvania, the Radicals wanted to ensure complete social and political equality for the freed blacks, while the moderates desired much of the same, but were less willing to use the law to grant that equality. In July 1864, the Radicals responded to the 10 Percent Plan by passing the Wade-Davis Bill, which proposed that Congress, not the President, be responsible for Reconstruction. The Proclamation of Amnesty and Reconstruction, December 8, 1863. (a.k.a… the 10% Bill) http://www.history.umd.edu/Freedmen/procamn.htm WHEREAS…by the Constitution of the United States, it is provided that the President "shall have power to grant reprieves and pardons for offences against the United States…" and …Whereas, a rebellion now exists … the loyal state governments of several states have for a long time been subverted, and many persons have committed, and are now guilty of, treason against the United States; and Whereas, with reference to said rebellion and treason [i.e. -
Case 1:17-Cv-00458-RA Document 37 Filed 06/16/17 Page 1 of 6
Case 1:17-cv-00458-RA Document 37 Filed 06/16/17 Page 1 of 6 UNITED ST ATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, RESTAURANT OPPORTUNITIES 17 Civ. 458 (RA) CENTER (ROC) UNITED, INC., JILL PHANEUF, AND ERIC GOODE, Plaintiffs, - v - DONALD J. TRUMP, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNITED STATES OF AMERICA, Defendant. MOTION FOR LEA VE TO FILE BRIEF OF SCHOLAR SETH BARRETT TILLMAN AS AMICUS CURIAE IN SUPPORT OF THE DEFENDANT Robert W. Ray Thompson & Knight LLP 900 Third A venue 20th Floor New York, NY 10022 Tel. No.: 212-751-3347 [email protected] Josh Blackman Admission pro hac vice pending 1303 San Jacinto Street Houston, TX 77002 Tel. No.: 202-294-9003 [email protected] Counsel ofRecord Case 1:17-cv-00458-RA Document 37 Filed 06/16/17 Page 2 of 6 Scholar Seth Barrett Tillman, an American national, is a member of the regular full time faculty in the Maynooth University Depaiiment of Law, Ireland. Tillman hereby moves, through counsel, for leave to file the accompanying amicus brief (attached hereto as Exhibit A) in the above-captioned case in support of Defendants' Motion to Dismiss (ECF No. 35). Plaintiffs consented to the filing of this brief. Defendant took no position. Fifteen years ago, then-Judge Ali to identified three different types of amici: Some friends of the court are entities with particular expertise not possessed by any party to the case. Others argue points deemed too far-reaching for emphasis by a party intent on winning a particular case. -
A Question of Succession, 1861–1889
A Question of Succession, 1861–1889 series of crises, brought on by the Civil War and its after- a president pro tempore would math, significantly affected the office of the president be available. Occasionally, some pro tempore. No problem was as persistent and trouble- vice presidents who feared the some during these years as vacancies. Since its earliest political consequences of plac- years, the Senate assumed it should elect a president pro ing a senator opposed to the Atempore only during the absence of a vice president. This system raised president’s policies in the line of many concerns, particularly after the passage of the 1792 Presidential succession refused to perform Succession Act which placed the president pro tempore directly behind this little courtesy. The resulting the vice president. What should senators do at the end of a session or vacancies raised concerns about during a recess? Since Congress was customarily out of session for half the ability of presidents pro of each year, what would happen if no one was designated president tempore to fulfill their constitu- pro tempore? If the vice president succeeded to the presidency, who tional responsibilities. would preside at the opening of the next Senate session if a president Vacancies in the office of vice pro tempore had not been elected? And what if both the president and president raised additional issues vice president were to die or become incapacitated in the interim? of concern. The assassination of Rather than settle these problems by statute or rules changes, President Abraham Lincoln in the Senate relied for many years upon an informal plan, begun by 1865, and the elevation of Vice Vice President Adams, in which the vice president would voluntarily President Andrew Johnson to the Had the Senate convicted Andrew absent himself from the chamber in the final days or hours of the presidency, resulted in a four-year Johnson at his impeachment trial, session.