The Present Controversy and the Request for Further Consideration From History to the Present The preceding Parts of this memorandum have examined the historical and constitutional foundations of Reconstruction, the Civil Rights Act of 1866, President Andrew Johnson’s veto messages, the relationship between the Act and the Fourteenth Amendment, and the subsequent development of Reconstruction …
The Development of Supreme Court Interpretation From Reconstruction to Modern Doctrine The constitutional questions examined in this memorandum cannot be understood solely by studying the Civil Rights Act of 1866 and the Fourteenth Amendment in isolation. They must also be examined in light of the judicial decisions that have interpreted those enactments over the succeeding …
The First Reconstruction Foundation The Civil Rights Act of 1866 occupies a singular place in American constitutional history. Enacted during the first year following the Civil War, it represented the first comprehensive federal civil-rights legislation adopted after emancipation and the first major legislative effort to define and protect the civil status of those emerging from …
A Contemporary Witness to the Civil Rights Act of 1866 President Andrew Johnson occupies a unique place in the constitutional history of Reconstruction. He opposed many of the measures adopted by the Thirty-Ninth Congress following the Civil War. Among those measures was the Civil Rights Act of 1866, which he vetoed before Congress overrode his …
#7-PART III: PRESIDENT ANDREW JOHNSON’S VETO MESSAGES Read More »
The Reconstruction Settlement Every important constitutional question must first be understood within the historical circumstances that produced it. The Civil Rights Act of 1866 and the Reconstruction Amendments did not arise in isolation. They were enacted during one of the most extraordinary periods in American constitutional history. The Civil War had ended. The institution of …
#6″ PART II THE CONSTITUTIONAL AND HISTORICAL FOUNDATION Read More »
This memorandum respectfully submits for professional legal examination a series of constitutional and historical questions concerning the Civil Rights Act of 1866, the Reconstruction Amendments, and the continuing responsibilities of the Executive Branch under Article II of the Constitution of the United States. It is not written as a judicial brief. Nor is it presented …
Constitutional Memorandum to the President of the United States Mr. President: This memorandum respectfully presents what the author believes is an unresolved constitutional question concerning the relationship among the Civil Rights Act of 1866, the Reconstruction Amendments, and the continuing responsibilities of the Executive Branch under Article II of the Constitution. It does not ask …
Concerning Case No. 25-365, the Civil Rights Act of 1866, the Fourteenth Amendment, and the President’s Article II Responsibilities Prepared by Ted Hayes Citizen Advocate Independent Constitutional Researcher Version 1.0 July 2026 “The Constitution is not self-executing. It depends upon citizens and public officials alike to faithfully study, preserve, and execute its commands according to …
#1: REHEAR AND ENFORCE A Constitutional Memorandum to the President of the United States Read More »
A Constitutional Brief for the President of the United States Subject: Reconstruction, the Civil Rights Act of 1866, Case No. 25-365, and the President’s Article II Responsibilities Mr. President, This brief accompanies the enclosed memorandum entitled REHEAR AND ENFORCE: Constitutional Memorandum to the President of the United States. It is respectfully submitted for your consideration …
[Date] Dear Counsel, Thank you for taking the time to consider the enclosed memorandum entitled REHEAR AND ENFORCE: Constitutional Memorandum to the President of the United States. I recognize that your time is valuable and that constitutional litigation demands careful attention to established precedent, statutory text, and historical authority. I therefore write with respect for …