Notes+on+TAH+Topics

** The Constitutional Basis of the Executive Branch **


 * The term of office for the President is 4 years. In the original Constitution there was no limit on the number of terms. Washington’s decision to leave after two terms established that tradition. All followed that except FDR who was elected 4 times. After the passage of the 22nd Amendment the Constitution mandates that a President may only serve two terms
 * The original Constitution laid out the requirements for serving as President: a person had to be a natural born citizen or a citizen at the time of the adoption of the Constitution, 35 years of age, and a resident of the U.S. for 14 years
 * The Electoral College was established in the original Constitution to indirectly elect the President because the Founding Fathers thought the general population lacked the knowledge to elect the President. It is still in effect, and can only be abolished by the passage of an amendment to the Constitution. If the vote in the Electoral College is tied, the House of Representatives must elect the President.
 * Only the House of Representatives can bring impeachment charges against a President, and it is the job of the Senate to try the President on the charges. The only basis for removal of a President is “Treason, Bribery, or other High Crimes and Misdemeanors”
 * Washington immediately interpreted the Constitution provision that said the President can require "the Opinion, in writing, of the principal Officer in each of the executive Departments” to allow him to create the Presidential Cabinet.
 * Other Presidents also found it necessary to interpret the Constitution. Those supporting the concept of implied powers to “stretch” their powers are known as loose constructionists. Jefferson’s purchase of Louisiana might be considered an example of when a President changed from a strict constructionist to a loose constructionist
 * Although the Constitution is based on separation of powers, two Presidents Adams and FDR, have been charged with trying to use the federal courts for their advantage
 * The 20th Amendment provides “The terms of the President and Vice President shall end at noon on the 20th day of January” and was passed to shorten the time between election and inauguration
 * The 25th Amendment deals with Presidential Disability and Succession. The only President appointed under this amendment was Gerald Ford. The order of succession to the Presidency is Vice-President, Speaker of the House, President Pro Tempore of the Senate, Secretary of State, Secretary of the Treasury, and other Cabinet members in order of the creation of their offices.
 * There was no provision in the original Constitution for primaries or nominating conventions.

** Presidencies of Washington and Adams **

> > ** Notes on Presidents ** > ** Presented by Andrew Robertson ** > ** February 12th 2011 ** > > ** Andrew Jackson ** > · Shrink the size of government <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo1; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· Shrink tariffs  <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo1; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· Reorient federal government’s relationship with the Indians > <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Background: 1826 Tariff of Abominations blamed on National Republicans who supported JQA. Calhoun flip-flops. Nullification is extremely dangerous to the Union. 1828 Jackson says nothing about tariff (needs Louisiana and Pennsylvania) and then raises the wool tariff (hurts Vermont). He needs Calhoun on ticket in order to win. Still today the sugar tariff remains. > <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">First term: AJ wants to reorient himself as a Jeffersonian minimalist; veto, ignores Supreme Court; peremptory behavior vis-a-vis the Senate. His inauguration was a “Saturnalia” (lot of excess) according to the Natioanl Republicans. During his Presidency elimination of property qualifications for office holders was one of the reforms.
 * <span style="font-family: Arial,Helvetica,sans-serif;">Washington and the other Founding Fathers thought political parties were vehicles of ambition and selfish interests that threatened the Republic.
 * <span style="font-family: Arial,Helvetica,sans-serif;">Both Washington and Adams, however, were Federalists in their philosophy of government and two parties developed quickly
 * <span style="font-family: Arial,Helvetica,sans-serif;">Adams was concerned with keeping the government in Federalist hands and one motive for the Sedition Act of 1798 was to silence the critics of his administration, especially newspaper editors
 * <span style="background: white; color: #333333; font-family: Arial,Helvetica,sans-serif;"> The conflicted result of the 1800 election revealed a serious flaw in the US Constitution . Electors voted only for President, with the person who came in second becoming the Vice President. There was a tie in the vote between Jefferson (who was assumed to be running for President) and Burr (who was assumed to be running for VP), and the election had to go to the House of Representatives. After the passage of the Twelfth Amendment, presidential electors were required to specify in their votes their choice for President and Vice-President.
 * <span style="font-family: Arial,Helvetica,sans-serif;">Carol Berkin made the following points in her presentation:
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">The Founding Fathers were most concerned about the executive branch since that was the one where tyranny was most likely to emerge
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">The Senate was the house of the states, the concept of nationalism resides in the President
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">The threat of tyranny was less frightening than the provincialism of the Senators
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">The delegates to the Constitutional Convention who were born and educated abroad and had served in the Continental Army were the Nationalists
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">Many of the delegates had not heard of each other; only knew George Washington and Benjamin Franklin
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">President would be the “face of the nation” to the heads of state abroad; there were no guidelines for this
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">When Washington assumed office the Presidency was a “tabula rasa”
 * <span style="font-family: Arial,Helvetica,sans-serif; margin: 0in 0in 0pt;">The major events of his presidency were mentioned: precedent setting; formation of the Cabinet; Whisky Rebellion; support for the Federalist point of view; leaving after two terms; Farewell address (neutrality and fear of political parties)
 * <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">1824 four candidate, no one had simple majority went to the House of representative, where Clay, Speaker of the House (next to LBJ the best legislative manipulator ever) met with John Quincy Adams (JQA’s journal in which he recorded everything is silent on the meeting). As a result Clay becomes Secretary of State (perceived as the stepping stone to the presidency) and JQA is elected President by the House. Jackson was horrified and campaigned for 4 years on the “corrupt bargain.” <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">1828 Whole campaign one of mudslinging. Jackson was tarred by the “politics of scandal.” Married shortly before her divorce decree came through; the scandal probably killed her and Jackson came to Washington having recently lost his wife. JQA was maligned during the campaign as the “pimp” for the Tsar of Russia.  <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Jackson’s Agenda

<span style="font-family: Arial,Helvetica,sans-serif;">1828-32 Cherokees. __Worcester v. Georgia__ decided under John Marshall a staunch Federalist. Cherokees were a “domestic dependent nation” - couldn’t vote, no rights and privileges of Am. Citizenship. (The Constitution and later federal laws grant to tribal nations more sovereignty than is granted to states or other local jurisdictions, yet do not grant full sovereignty equivalent to foreign nations, hence the term "domestic dependent nations". //Wikipedia)// <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">State of Georgia had no right to intrude on the affairs of a domestic dependent nation (parallel to Eisenhower in __Brown v. Bd. Of Education__ – state issue; JFK with Ole Miss) Gives AJ the opportunity to push for Indian Removal - a radical turn from policies starting with George Washington; respect for Indian nations.

<span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">1832 Cartoon King Andrew (see Wiki)

<span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">American don’t like Kings – point of view; even FDR called bankers “economic royalists.” (Note: **Constitution shredded**/ **vetoed bills** 12x more than any other/ tyrannical/ burst of rage – “hang the VP.”) <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">1832 campaign was fought over issues in this cartoon not hard cider/log cabin or birth certificate. Nothing has happened with Tariff yet (Calhoun behind the scenes; then resigns and goes back to SC. **AJ against nullification; is a unionist above all.** <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Virginia and Kentucky Resolutions 1798/99 said the Alien and Sedition Acts were unconstitutional so didn’t have to follow them. Nullification said Tariff was constitutional but can’t force a state to enforce a law that hurts them. Dangerous idea. Passed in SC 1832. AJ no fool. Above all he is a unionist. Let’s get these tariffs down. Appoints Clay to preside over a commission to reduce the rates.   <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">The Second Bank of the United States, a private corporation that could handle the financial affairs of the U.S., had charter to run out in 1836 AJ thought it was instrument of political corruption and said “I will kill the Bank.” Biddle, head of the Bank went for a recharter 4 years early and Jackson vetoed it. It was the key issue in the election. (See “Slay the Hydra” Cartoon on the Wiki - beginning of Great Age of Political Mythology – Slayer of the Beast – first President to have a nickname – Old Hickory) <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">Jackson wins big 56% of the vote (landslide; today 56% is a landslide); after him we have a very different kind of President <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">Biddle goes into hard ball – calls in the loans from Democratic states; now have hard money vs. soft money men. **AJ removes deferral deposits from the Bank of the U.S.** Bankers in NY and Boston support AJ favored pet banks – want all the action taken from Philadelphia seat of the 2nd Bank. All transactions of federal government now have to be in cold hard cash. **AJ favored annexation of new territory** but issues the “specie circular” in 1836 because he feared the high rate of debt and speculation brought about by the sale of western land. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">Second Term <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo2; text-align: justify; text-indent: -0.25in;"><span style="font-family: arial,helvetica,sans-serif; font-size: 12pt;">· AJ issues message to people of South Carolina (see handout); jams the Force Bill through Congress – Army will collect revenue if don’t rescind nullification. “If I could only hang John Calhoun it will be my pleasure to do so. This was AJ’s shining moment – Schlesinger calls him “near-great.” But don’t forget the dark side of Indian Removal – need to be removed to safety – but federal contracts go to lowest bidders; an abomination.

<span style="font-family: Arial,Helvetica,sans-serif;">** Martin Van Buren **

<span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">VBs entire Presidency engulfed by then Panic of 1837 (depression). Specie Circular proves the law of unintended consequences; only helped the speculators, big banks and Europe. VB blames overbanking and over speculating so will withdraw all specie and put it into a Subtreasury – a national mattress. By 1840 VB in ruin; runs against WH Harrison, son of a signer of the Declaration of Independence; log cabin campaign; VB branded as “elitist.” Issue-less campaign; sets us on a bad trajectory – beginning of symbolistic, issue-less politics, still with us today.

<span style="font-family: Arial,Helvetica,sans-serif;">** Abraham Lincoln ** <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; margin: 0in 0in 0pt;">Notes from Lecture by James Oates

<span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Although his lecture was nominally about Lincoln, Professor Oates wanted to talk about the Constitution, emancipation of slaves, presidential and federal popwer, and the evolution of thought prior to Lincoln’s Emancipation Proclamation. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">He began with “What did the Constitution say about slavery?” and noted that there is no use of the word “slaves” in the Constitution. <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo1; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· The Fugitive Slave Clause Article 4 Section 2 refers to “persons held to service or labor in one state, escaping into another. . . shall be discharged from such service” <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l1 level1 lfo1; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· 3/5ths Clause – for representation in House of Representatives it talks about free persons and those bound to indenture, excludes Indians not taxed, and “all other persons” <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Thus people said, the Constitution doesn’t allow federal government (neither Congress or President) to interfere with slavery in the states. Historians called this the “federal consensus” and it was accepted by the abolitionists and others for 30 years. Lincoln indicates he accepted this when he said, “I have no purpose to interfere in states where it already exists.” <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">In the law “persons” is the word that matters; every reference to property in the Constitution has nothing to do with slavery. After Lincoln’s speech in NYC, informed there would be no protection on the high seas, ban on slavery in DC, no expansion in the western territories, South leaves. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">There were 2 major disagreements <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo2; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· Lincoln and the Republicans said Constitution makes freedom national and slavery local; South has to abolish slavery to override the Constitution <span style="display: block; margin: 0in 0in 0pt 0.5in; mso-add-space: auto; mso-list: l0 level1 lfo2; text-align: left; text-indent: -0.25in;"><span style="display: block; font-family: arial,helvetica,sans-serif; font-size: 12pt; text-align: left;">· South says slaves are not persons but property (Dred Scott case) <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Going back to John Quincy Adams, he says war powers clause gives the president the use of emancipation as a weapon to win a war. By 1860 this is a common understanding by republicans and they say so during the secession crisis, “if you leave we will. . . “  <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">If no war we will quarantine slavery where it exists and surround it and squeeze slavery down into the deep South where it will wither and die because slavery is weak. This approach would be gradual. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Oates then discussed the First and Second Confiscation Acts (distributed in our packets) and how the clause “the owner forfeiting his claim to slave labor” became “and the person whose labor or service is claimed shall be henceforth discharged therefrom, any law to the contrary notwithstanding.” (Language from the Fugitive Slave Clause of the Constitution) <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Under the Constitution emancipation was only legitimate if used as an act of war, thus only the Commander-in-Chief can emancipate (therefore the President). Congress cannot legislate a new crime and then punish ex post facto, so President had to issue a proclamation. After much waiting, Lincoln gives fair warning and issues the Emancipation Proclamation. It may have had no practical effect in South (slaves had already deserted to the Union lines and were under Union control) but had a political effect in the North. (W. Virginia and S. Louisiana were excluded not because of loyalty but had already abolished slavery.) It paved the way for the 13th Amendment. Lincoln and the Republicans were worried about re-enslavement. <span style="font-family: Arial,Helvetica,sans-serif;">**Notes from Andy Robertson** <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">AL was morally against slavery unlike Douglas who wanted to keep it where it is, but as President AL’s priority preservation of the Union. He detested the extreme abolitionists and thought John Brown was a lunatic. Believed race made a difference and at one point wanted to colonize Blacks in Haiti or elsewhere. To win election he had to carry IL, Indiana, Pa, Ohio. He emerges from downstate IL with a Southern accent. Knows that slavery is the enemy of white men. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">Once AL elected there is a rush to secession – large landowners fear AL will end slavery. According to all reputable historians the war was fought over slavery. By inauguration 6 states are out. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">In 1861 AL rejects the **Crittenden Compromise** that would have given heavy concessions to the South and agreed to the extension of slavery. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt;">First Inaugural Address: gave speech in the South (had to sneak out of Baltimore as was in danger) because needs to keep VA, MD, and other border states. Trying to appeal to them; make peace; honor constitution. Knew the fundamental canon to speak the truth, Reaction to speech: __NY Herald__ hypocritical cant, Southern papers against it; Upper South could have calmed down, buys time for KY, TN, MD; W. Virginia stays in Union. Radicals turn away from AL in disgust, come back during war. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Maneuvers problem of Fort Sumter brilliantly; says Jackson didn’t back off so I will reinforce troops; feds never fire a shot. Why can’t South just wait; secession will peter out; if no hostilities, North wins. Thus Gen. Pierre Beauregard fires first shot. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">AJ goes back to Constitution – first two years fought to preserve the Union. However, he does **suspend the writ of habeas corpus** - on April 27, 1861, about a week after the Fort Sumter surrender, President Lincoln ordered Winfield Scott, then head of the nation's military, to arrest anyone between Washington and Philadelphia suspected of subversive acts or speech, and his order specifically authorized suspension of the writ of habeas corpus which was guaranteed in the Constituion. In Ex Parte Merryman Roger Taney held the President’s action was unconstitutional but admitted he could do nothing to enforce his ruling in the face of a military force "too strong for me to overcome." <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Issues **Emancipation Proclamation** after first major victory Antietam. **Excludes specific cities and parishes** (see full Emancipation Proclamation in our materials) needs their support for Unionist government. Thus Louisiana and E. Virginia get to keep their slaves. Does free slaves in D.C. where federal government has power. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">1864: victory in Atlanta ensures re-election; civil war soldiers could vote. McClellan had wanted to broker a peace with compensated emancipation. A plan for reconstruction was beginning to emerge, but no concrete plans.. Does want amnesty for the ordinary enlisted man. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">As a young man was a free thinking skeptic, in the 2nd Inaugural we see him evolving – it sounds like a sermon. **“With malice toward none, with charity for all. . .”** (He never joined a church but went to church during the war every week.) Comes from Exodus – Old Testament – we are both at fault, don’t know why it happened – something to do with slavery – now we have to heal. <span style="display: block; font-family: Arial,Helvetica,sans-serif; text-align: left;">** Andrew Johnson ** <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Look at political cartoon “The Political Death of the Bogus Ceasar.” After painting by Gericault on Assassination of Caesar. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Last Jacksonian – wants to restore South for the small, white farmer (E. Tennessee votes Republican); he is distained by the planter aristocracy. He could be great peacemaker by giving out amnesties – alienates own party, doesn’t even have a governing coalition. Has **vetoed** the Reconstruction Act - **Radicals furious**; by 1868 all disgusted by Johnson’s giving over to Southern planter interests. <span style="display: block; font-family: Arial,Helvetica,sans-serif; text-align: left;">** Tenure of Office Act ** was trumped up to protect Lincoln’s cabinet; permitted the President to suspend an officer only while the Senate was not in session—at that time, Congress sat during a relatively small portion of the year. If, when the Senate reconvened, it declined to ratify the removal, the President would be required to reinstate the official.__ [1 __ Johnson hated Stanton, and refused to reinstate him. Johnson was impeached and tried; failed of conviction by one vote. <span style="display: block; font-family: Arial,Helvetica,sans-serif; font-size: 12pt; text-align: left;">Thus is instituted Congressional Government which lasts until Theodore Roosevelt. Congress flips back and forth from Rep/Dem