The following constitutional and statutory authorities are respectfully submitted for review by the President, the White House Counsel, the Attorney General, and other appropriate executive officials in determining the Executive Branch’s continuing responsibilities under the Reconstruction settlement.
Constitutional Authorities
- Article II of the Constitution of the United States
- Presidential Oath of Office
- Executive Power
- Take Care Clause
- The Thirteenth Amendment
- The Fourteenth Amendment
- The Fifteenth Amendment
Statutory Authorities
- The Civil Rights Act of 1866
- The Reconstruction Acts
- The Enforcement Acts
Executive Authorities
- The Emancipation Proclamation
- Presidential Executive responsibilities assigned by existing Reconstruction legislation.
Historical Sources Appropriate for Executive Review
- President Andrew Johnson’s veto messages concerning the Civil Rights Act of 1866 and related Reconstruction legislation.
- Congressional debates and committee reports accompanying the Reconstruction enactments.
- Contemporary executive, legislative, and historical records explaining the constitutional purposes of Reconstruction.
Scope of Review
The purpose of this review is not to reconsider settled constitutional doctrine or revisit prior litigation.
Rather, it is to determine:
- The Executive Branch’s present constitutional responsibilities under Article II.
- The continuing force of existing Reconstruction statutes.
- The scope of lawful executive authority available under those enactments.
- Whether additional executive measures are appropriate to ensure the faithful execution of existing federal law.
This Appendix is intended solely as an initial roadmap for executive constitutional review and does not purport to exhaust the legal or historical authorities relevant to that review.