Tenure of Office Act

Also found in: Legal, Wikipedia.

Tenure of Office Act,

in U.S. history, measure passed on Mar. 2, 1867, by Congress over the veto of President Andrew JohnsonJohnson, Andrew,
1808–75, 17th President of the United States (1865–69), b. Raleigh, N.C. Early Life

His father died when Johnson was 3, and at 14 he was apprenticed to a tailor.
..... Click the link for more information.
; 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. It also provided that members of the President's cabinet should hold office for the full term of the President who appointed them and one month thereafter, subject to removal by the Senate. With this measure the radical Republicans in Congress hoped to assure the continuance in office of Secretary of War Edwin M. StantonStanton, Edwin McMasters,
1814–69, American statesman, b. Steubenville, Ohio. He was admitted to the Ohio bar in 1836 and began to practice law in Cadiz. As his reputation grew, he moved first to Steubenville (1839), then to Pittsburgh (1847), and finally to Washington, D.
..... Click the link for more information.
 and thus prevent any interference with the military occupation of the South in their ReconstructionReconstruction,
1865–77, in U.S. history, the period of readjustment following the Civil War. At the end of the Civil War, the defeated South was a ruined land. The physical destruction wrought by the invading Union forces was enormous, and the old social and economic
..... Click the link for more information.
 plan. In order to bring about a court test of the constitutionality of the act, Johnson dismissed Stanton, but the Supreme Court, intimidated by the radicals, refused to pass on the case. Gen. Ulysses S. GrantGrant, Ulysses Simpson,
1822–85, commander in chief of the Union army in the Civil War and 18th President (1869–77) of the United States, b. Point Pleasant, Ohio. He was originally named Hiram Ulysses Grant.
..... Click the link for more information.
, whom Johnson appointed Secretary ad interim, turned the office back to Stanton when the Senate refused to approve his dismissal. Johnson then appointed Gen. Lorenzo Thomas Secretary of War, but Stanton, barricading himself in the department, refused to yield. Johnson's alleged violation of the Tenure of Office Act was the principal charge in the impeachment proceedings against him. When this move failed (May, 1868), Stanton finally gave up. 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.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/
References in periodicals archive ?
These included the Tenure of Office Act, which prohibited Johnson from firing members of his own Cabinet without Senate approval.
In the US, for instance, the House of Representatives impeached two presidents Andrew Johnson and Bill Clinton both who were, however, acquitted by the Senate.Johnson was impeached in 1868 for violation of the Tenure of Office Act, specifically for removing from office Edwin McMasters Stanton, the Secretary of War, and replacing him with Major General Lorenzo Thomas.
For example, there was a huge constitutional controversy on this issue with the Tenure of Office Act of 1867, which led to President Andrew Johnson's impeachment and near-removal from office.
The Radicals enacted the Tenure of Office Act, stripping Johnson of his authority to remove any member of the Cabinet without Senate permission.
Tenure of Office Act, (4) which precipitated the impeachment of Andrew
President Johnson was impeached by the House of Representatives in 1868 for, among other things, violating the Tenure of Office Act of 1867.
In 1867, the no-pay provision of the 1863 enactment was wrapped into the Tenure of Office Act, which Act in amended form remains in effect today.
Under the Tenure of Office Act, which had been passed over Johnson's veto in 1867, an official appointed during a president's term who had been confirmed by the Senate held office until the Senate confirmed his successor - he did not hold it solely at the pleasure of the president.
Congressional restrictions on the army are characterized as "extraordinary" the tenure of office act as a "blatant" attempt to diminish the president's power (xii-xiii).
Tenure of Office Act. President Johnson indicated that he was likely to
The revised Tenure of Office Act gave President Grant more control over cabinet officials, but it continued to block his power to fire U.S.