Tenure of Office Act (Essay Sample)

Tenure of Office Act
Andrew Johnson passed through an impeachment process from the Senate due to claims of violation of the Tenure of Office Act. This Act was a controversial federal law meant to restrict the president from removing officials the congress had passed (NCC Staff). The Act shielded officials of Johnson's cabinet from losing their position even if they disagreed with the president. Johnson became president in 1865 after the assassination of Abraham Lincoln and did not relate well with republican leaders. Edwin Stanton disagreed greatly with Johnson's policies, leading to his removal from office, which made Johnson guilty of violating the law.
In 1868, the House of Representatives impeached Johnson for violating the tenure of office act. It drafted and filed 11 impeachment articles and sent them to the Senate. The first article stated that Johnson fired Stanton to break the Act (Senate). Articles 4, 5, 6, and 7 stated that Johnson committed high crime in office by colluding with Thomas to fire Stanton. Articles 2, 3, and 5 stated that the appointment of Thomas was unconstitutional since he did not seek advice and consent from the Senate. Article 9 indicated that Johnson diverted military instructions and orders through the army general and did not involve Stanton. He was also accused of making speeches with a loud voice, scandalous harangues, and inflammatory to disgrace congress. Article 11 accused Johnson of declaring the 39th congress unconstitutional (Senate). These allegations centered on the violation of the Tenure of Office Act. His impeachment required two-thirds of the Senate, and the republicans constituted more than the required number, but it did not reach the threshold as it missed one vote.
Johnson's defense team stated that the president did not violate the tenure of office act because Lincoln appointed Stanton. He claimed that Stanton did not have the mandate to continue his service during his period (Senate). The team also argued that the president was testing the Act's constitutionality at the Supreme Court, which was part of his right. Additionally, they stated that Johnson appointed Thomas to keep the department operational and did not violate any public policy that warrants his removal from office. Thus, his defense team claimed that Johnson had the right to impeach Stanton.