THE PRESIDENT’S CONSTITUTIONAL DUTY TO COMPLETE THE UNFINISHED WORK OF RECONSTRUCTION This memorandum respectfully submits that the President of the United States possesses an independent constitutional responsibility under Article II to examine and faithfully execute existing Reconstruction law according to its original constitutional purpose. This is not a request to revisit litigation, challenge …
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 …
PART VI Article II and the President’s Duty to Faithfully Execute the Laws A. The Executive Power Article II of the Constitution vests the executive power in the President of the United States and charges the President with the faithful execution of the laws enacted by Congress. Article II, Section 3 provides: “…he shall …
PART VII Executive Options Under Existing Law A. Purpose of This Section Having examined the historical, statutory, and constitutional framework of Reconstruction, this memorandum now identifies categories of executive action that may be considered by the President. These categories are presented to distinguish between actions that may already fall within existing executive authority, actions …
PART V Legal Analysis A. The Relationship Between the Civil Rights Act of 1866 and the Fourteenth Amendment The Civil Rights Act of 1866 preceded the ratification of the Fourteenth Amendment by approximately two years. Accordingly, the chronology presents an interpretive question: how should the relationship between the Act and the later Amendment be …
PART IV The Civil Rights Act of 1866 and the Historical Significance of President Andrew Johnson’s Veto Messages A. Introduction The Civil Rights Act of 1866 became law on April 9, 1866, when Congress overrode President Andrew Johnson’s veto. The legal authority of the Act derives from its enactment by Congress, not from the President’s …
PART III Constitutional Framework A. Reconstruction and the Constitutional Structure The Reconstruction era represented one of the most significant constitutional transformations in the history of the United States. Following the Civil War, Congress, the Presidency, and the States undertook a series of constitutional and statutory measures designed to restore the Union, abolish slavery, define …
PART II Statutory Framework A. Reconstruction as a Comprehensive Legislative Program The Reconstruction era was implemented through a series of interrelated statutes enacted by Congress following the Civil War. These laws were designed to restore the Union, secure the civil status of formerly enslaved persons, protect federally recognized rights, and establish mechanisms for federal enforcement. …
PART I Statement of Historical Facts A. The Constitutional Crisis Following the Civil War The conclusion of the Civil War in 1865 presented the United States with constitutional questions of extraordinary magnitude. Approximately four million formerly enslaved persons had been emancipated through the combined legal effect of the Emancipation Proclamation, military victory, and, ultimately, the …
TRANSMITTAL MEMORANDUM TO:The President of the United States THROUGH:The White House Counsel CC:The Attorney General of the United States FROM:Ted Hayes (“Mr. Citizen Patriot”) DATE:[Insert Date] SUBJECT: Reconstruction Completion Initiative: Constitutional Memorandum for Executive Review Mr. President: Respectfully submitted for executive review is the enclosed Reconstruction Completion Initiative, consisting of a presidential cover letter, a …