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The Lawfulness of the Reconstruction Amendments

Discussion in 'Civil War History - Secession and Politics' started by jgoodguy, Jan 20, 2017.

  1. civilken

    civilken 2nd Lieutenant

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    good luck to you that must sure keep you busy. It may be lost time to you but to the people in the forum it's a great opportunity to understand some pivotal points in our Constitution . Which most people like me don't have an opportunity to open our horizons to new ideas..
     
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  3. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    The Lawfulness of the Reconstruction Amendments
    Author(s): John Harrison
    Source: The University of Chicago Law Review, Vol.
    Published by: The University of Chicago Law Review
    Stable URL: http://www.jstor.org/stable/1600377 P400
    President Johnston issues his opinion on reconstruction. However simple this is, there are consequence and Congress wants time to think it over.
     
    Last edited: Mar 8, 2017
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  4. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    Take a moment to summarize.
    There was a political crisis of secession, then war which was resolved by Union Victory.
    Now there is a political crisis of peace.
    Conflicts between those who want to leave the system as it was and those with various motives to change the system.
     
  5. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    The Lawfulness of the Reconstruction Amendments
    Author(s): John Harrison
    Source: The University of Chicago Law Review, Vol.
    Published by: The University of Chicago Law Review
    Stable URL: http://www.jstor.org/stable/1600377 P400-401
    Congress and President Johnson have differences on how to proceed with the seceded States to return them to the family of States in the United States. Johnson want things much as they were before secession.

    Congress wants to think about it.

    A number of Southern actions provoked the Congress
    Link to google books
    Civil Rights, the Constitution, and Congress, 1863-1869
     
  6. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    The Lawfulness of the Reconstruction Amendments
    Author(s): John Harrison
    Source: The University of Chicago Law Review, Vol.
    Published by: The University of Chicago Law Review
    Stable URL: http://www.jstor.org/stable/1600377 P402
    Key Points:
    1. The States were without civil government.
    2. Their attempts at establishing government were doubtful.
    3. Those government were dominated by traitors.
    4. Those governments were rebellion carried out by other means.
    Footnotes.
     
  7. atlantis

    atlantis First Sergeant

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    Since the former CS states were not in the union their ratification of the amendments in question were null and void as only states in the union can amend the US constitution.
     
  8. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    The problem is the executive branch had a different view of what was in the union than Congress. In the case of the 13th, the Secretary of State counted all States ratifying rather than the States recognized by Congress. In short you do not get to determine was is or is not in the Union, Congress and the President does that and they disagreed.
     
  9. Andersonh1

    Andersonh1 1st Lieutenant

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    And again, the states and state governments were apparently perfectly adequate to approve the 13th amendment, and only became inadequate when the Republican Congress didn't get the result they wanted with the 14th amendment vote. It really does put the lie to the so called reasons given for passing the Reconstruction Acts.
     
  10. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    No you are incorrect. It was a political conflict between the President and Congress. No lies anywhere other than different agendas.
     

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