Tenure of Office Act (1867)

Tenure of Office Act (1867)
Great Seal of the United States
Long titleAn act regulating the tenure of certain civil offices
Enacted bythe 39th United States Congress
Legislative history
  • Introduced in the Senate by George Henry Williams (R-OR) on December 3, 1866
  • Committee consideration by Committee on Retrenchment
  • Passed the Senate on January 10, 1867 (22–11)
  • Passed the House on February 18, 1867 (112–41)
  • Vetoed by President Andrew Johnson on March 2, 1867
  • Overridden by the House of Representatives on March 2, 1867 (138–40)
  • Overridden by the Senate and became law on March 2, 1867 (35–11)
Major amendments
Repealed on March 3, 1887[1]

The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.[2]

Johnson's attempt to remove Secretary of War Edwin Stanton from office without the Senate's approval led to the impeachment of Johnson in early 1868 for violating the act.

The act was significantly amended by Congress on April 5, 1869, under President Ulysses S. Grant. Congress repealed the act in its entirety in 1887, 20 years after the law was enacted. While evaluating the constitutionality of a similar law in Myers v. United States (1926), the Supreme Court stated that the Tenure of Office Act was likely invalid.[3]

  1. ^ "On This Day: April 3, 1886". archive.nytimes.com. Retrieved 2018-07-26.
  2. ^ Tenure of Office Act, March 2, 1867, 14 Stat. 430, ch. 154; https://babel.hathitrust.org/cgi/pt?id=mdp.35112200623595;view=1up;seq=474
  3. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).

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