Emancipation Proclamation

A. The Role of Judicial Precedent No constitutional analysis concerning Reconstruction can responsibly proceed without acknowledging the central role played by the Supreme Court in interpreting the Reconstruction Amendments and related legislation. Over the century and a half following Reconstruction, the Court has issued numerous decisions addressing citizenship, privileges and immunities, equal protection, due process, …

PART VI RECONSTRUCTION JURISPRUDENCE: THE DEVELOPMENT OF SUPREME COURT INTERPRETATION Read More »

A. The Constitutional Question Presented The Civil Rights Act of 1866 and the Fourteenth Amendment were born of the same historical crisis. Both emerged from the aftermath of the Civil War. Both sought to secure the civil condition of persons newly emancipated from slavery. Both reflected Congress’s determination that the Union victory would be accompanied …

PART V THE FOURTEENTH AMENDMENT: ITS RELATIONSHIP TO THE CIVIL RIGHTS ACT OF 1866 Read More »

A. The Civil Rights Act of 1866 as the Foundational Reconstruction Statute If the constitutional questions presented in this memorandum are to be fairly evaluated, the analysis must begin with the text enacted by the Thirty-Ninth Congress itself. Before examining later constitutional amendments or subsequent judicial decisions, one should first consider what Congress actually enacted …

Memo-Part IV: The Civil Rights Act of 1866: Text, Structure, Primary Subject Beneficiaries and Federal Enforcement Read More »

Constitutional Memorandum to the President of the United States Prepared for Executive and Legal Review Subject: Petition for Rehearing and Constitutional Enforcement Concerning the Civil Rights Act of 1866, the Fourteenth Amendment, and the President’s Article II Duties Case: Trump v. Barbara, No. 25-365 Submitted by: Ted Hayes Citizen Advocate, Independent Researcher, and Author of …

MEMO – REHEAR and ENFORCE: Authors Statement Regarding Method and Assistance Read More »

A. The Evidentiary Purpose of the Veto Messages President Andrew Johnson’s veto messages do not control the meaning of the Civil Rights Act of 1866. Congress rejected his objections and enacted the Civil Rights Act over his veto on April 9, 1866. His constitutional position therefore did not prevail. Nevertheless, the veto messages remain important …

Memo-Part III: PRESIDENT ANDREW JOHNSON’S VETO MESSAGES AS CONTEMPORANEOUS CONSTITUTIONAL EVIDENCE Read More »

Every generation inherits both the achievements and the unfinished responsibilities of those who came before it. The generation of 1776 secured independence. The generation of the Civil War preserved the Union. The Reconstruction Congress sought to secure the civil status and equal protection of millions of formerly enslaved persons through constitutional amendments and landmark legislation, …

Memorandum Part I: Introduction Read More »

REHEAR AND ENFORCE A Constitutional Memorandum Respectfully Submitted to The President of the United States For Consideration Under Article II of the Constitution of the United States and Rule 44 of the Rules of the Supreme Court Concerning The Continuing Interpretation and Faithful Execution of the Civil Rights Act of 1866 and The Reconstruction Settlement …

“The REHEAR AND ENFORCE Memorandum.” Read More »

RE: Request for Expedited Constitutional Review – Rule 44 Rehearing Evaluation Dear Counsel, Thank you for taking the time to consider the enclosed memorandum. I recognize that the time available for review is extremely limited because of the period governing petitions for rehearing under Supreme Court Rule 44. For that reason, I respectfully ask only …

RE: Request for Expedited Constitutional Review – Rule 44 Rehearing Evaluation Read More »

Immediate Constitutional Action Following Trump v. Barbara Purpose This Executive Counsel Summary accompanies the attached memorandum, REHEAR AND ENFORCE: Constitutional Memorandum to the President of the United States. It is intended to provide the President, the Counsel to the President, the Attorney General, and the Solicitor General with a concise statement of the constitutional issue …

REHEAR AND ENFORCE: Executive Counsel Summary Read More »