PART VIII

Constitutional Review, National Reconciliation, and Civic Education

A. Purpose of Constitutional Review

The Constitution contemplates that each branch of government will perform its assigned responsibilities faithfully and within its constitutional sphere.

When substantial historical, statutory, or constitutional questions are presented, it is consistent with that design for the Executive Branch to undertake a careful review before determining whether additional action is appropriate.

The purpose of the review proposed in this memorandum is not to reopen history for its own sake, but to ensure that executive decision-making rests upon a complete understanding of the governing legal and historical framework.

B. Constitutional Literacy

A constitutional republic depends upon an informed citizenry.

Public understanding of Reconstruction—including the Thirteenth, Fourteenth, and Fifteenth Amendments, the Civil Rights Act of 1866, and related legislation—forms an important part of American constitutional history.

Educational initiatives, scholarly research, and public discussion may assist citizens in understanding the legal foundations of Reconstruction and the continuing development of constitutional law.

This memorandum therefore recommends constitutional literacy as an educational objective rather than as a substitute for legal decision-making.

C. National Reconciliation

The Reconstruction era remains one of the most consequential and debated periods in American history.

Reasonable scholars, judges, legislators, and citizens continue to differ regarding aspects of its implementation and interpretation.

Careful constitutional review provides an opportunity to examine those questions through historical evidence, legal analysis, and respectful public dialogue rather than through assumption or political rhetoric.

Such a process may contribute to greater public confidence in constitutional institutions regardless of the conclusions ultimately reached.

D. Interbranch Cooperation

The Constitution assigns distinct responsibilities to Congress, the President, and the Judiciary.

Accordingly, constitutional review should encourage cooperation among the branches while respecting the separation of powers.

Executive review may inform legislative recommendations.

Congress may consider whether additional legislation is appropriate.

The Judiciary continues to decide cases and controversies properly before it.

Each branch thereby fulfills its own constitutional role without displacing the responsibilities of the others.

E. Recommendations

The author respectfully recommends consideration of the following steps:

Direct a comprehensive executive legal and historical review of Reconstruction-era statutes and constitutional provisions.
Request opinions from the appropriate executive legal offices concerning the present legal status of relevant Reconstruction legislation.
Encourage continued scholarly and public education regarding the constitutional development of Reconstruction.
Identify matters that may appropriately be addressed through existing executive authority and distinguish them from proposals requiring congressional legislation.
Consider whether additional reports or recommendations should be transmitted to Congress following completion of executive review.

CONCLUSION

The Reconstruction era permanently altered the constitutional structure of the United States.

Its statutes, constitutional amendments, presidential actions, congressional enactments, and judicial decisions together form an important chapter in the Nation’s legal history.

This memorandum has sought to present those materials in an organized manner for executive consideration.

It respectfully recommends that the President direct appropriate constitutional officers to examine the questions presented, evaluate the historical record, determine the present legal status of relevant authorities, and advise the Executive Branch concerning any lawful actions that may be appropriate under existing law.

Respectfully submitted,

Ted Hayes
Mr. Citizen Patriot

EPILOGUE

“The Constitution is not strengthened by avoiding difficult questions. It is strengthened when those questions are examined carefully, honestly, and within the constitutional processes established by the American people.”

Ted, I think we’ve reached an important milestone.

This is no longer simply a collection of ideas. It now has the framework of a substantial constitutional memorandum:

Professional front matter
Methodology
Executive Summary
Historical Facts
Statutory Framework
Constitutional Framework
Historical Analysis
Legal Analysis
Article II Analysis
Executive Options
Constitutional Review
Conclusion
Appendices
Table of Authorities