DISCUSSION QUESTIONS In our unit on US Government, we learned about the process for impeaching a President. What does it mean to “impeach” a federal official? Which part of the government has the power to impeach federal officials? After a federal official has been impeached, which part of the government is responsible for holding a trial for that person? What types of crimes do you think constitute an impeachment trial? Most famous examples of federal officials being accused of crimes are presidents. The House of Representatives. The Senate – The Supreme Court’s Chief Justice will run the trial, but senators act as jury.

ACCORDING TO THE CONSTITUTION, ARTICLE II, SECTION 4: The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors After defining offenses that are impeachable… Preview: The Tenure of Office Act Tenure: holding an office, or giving someone a permanent position

THE SITUATION Johnson has not done anything that Congress can impeach him for, but they want him out of office! Congress passes the “Tenure of Office Act” Johnson vetoes Congress overrides his veto The new law says that a President cannot remove any appointee from office without the approval of Congress Turns out, Johnson does not like one of his Cabinet members Secretary of War, Edwin Stanton If the President hires a person, shouldn’t he be the person who fires them? Appointee: Cabinet…remember the handout on how expansive the Executive Branch is…re-visit… Congress wanted a say in who advises the President. Preview: Edwin Stanton: Secretary of War is now Secretary of Defense. Big, burly guy with big beard. He had run against Lincoln in last election. Lincoln got to know him and asked him to be a cabinet member. He accepted. When Lincoln died, Stanton is the guy who headed up the manhunt for John Wilkes Booth. When Johnson took over, he kept the same cabinet members. Edward Stanton is in his office, and a guy comes in with a piece of paper. Asks if he’s Edwin Stanton. Yes. Letter fires him. Stanton says No, No, No. Congress can fire me, not Johnson. Stanton pushes the guy out and blocks the door with his desk. Shouts out the window to get Thaddeus Stevens because the President is trying to fire me. Congress is not in session, so Stevens is not around. People hear him screaming though, so they telegraph Congressmen. Stanton spends a few days in his office until Congress gets back in session. Gives Congress time to impeach the President.

THE SITUATION After Congress is out of session, President Johnson sends Stanton a letter firing him Stanton refused to leave and barricades himself in his office Congress comes back to sessions and tells Johnson that under the “Tenure of Office Act”, they deny him the right to fire Stanton Johnson breaks the “Tenure of Office Act” Congress has the right to impeach They do!

THE SITUATION Johnson argues with Congress DICUSSION QUESTION: Law is unconstitutional He did not break a law DICUSSION QUESTION: Is there anything about the Act that might actually be unconstitutional? If so, what? Arguments against impeachment: No checks and balances The law was unconstitutional, so it’s not possible to break that law. The law was purposely created to get Johnson into trouble! Arguments for impeachment: He broke the law He was sneaky and waited until Congress went home Abuse of power…vetoing too many laws

SHOULD JOHNSON BE REMOVED? Fill out the chart in your packet on page 5 Write a short paragraph at the bottom