Tenure of Office Act

E38226

The Tenure of Office Act was an 1867 U.S. federal law that restricted the president’s power to remove certain officeholders without Senate approval, and its alleged violation by President Andrew Johnson was central to his impeachment.


Statements (48)
Predicate Object
instanceOf Reconstruction-era legislation
United States federal law
affectedOffice cabinet officers
other Senate-confirmed officials
allegedViolationBy Andrew Johnson
appliesTo civil officers appointed with the advice and consent of the Senate
centralIssueIn first impeachment of a U.S. president
consideredBy United States Supreme Court
constitutionalIssue presidential removal power
separation of powers
country United States
dateEnacted 1867
enforcementMechanism made unlawful removal of protected officials a criminal offense
fullyRepealed 1887
historicalPeriod Reconstruction era
historicalSignificance played a decisive role in the first impeachment trial of a U.S. president
impeachmentArticleBasisFor Articles of impeachment against Andrew Johnson
influencedDecision Humphrey’s Executor v. United States
Myers v. United States
jurisdiction United States federal government
keyOfficeInvolved Secretary of War
keyPersonInvolved Charles Sumner
Edwin M. Stanton
Thaddeus Stevens
languageAmbiguity uncertainty whether it applied to officials appointed by a previous president
laterStatus repealed
legalLegacy often cited in debates over presidential removal power
legislativeBody United States Congress
notableCaseStudyIn U.S. constitutional law
notableControversy whether it unconstitutionally infringed on executive power
opposedBy Andrew Johnson
many Democrats
overriddenBy United States Congress
partiallyRepealed 1887
politicalContext conflict between President Andrew Johnson and Radical Republicans in Congress
politicalGoal to curb presidential obstruction of Congressional Reconstruction policies
primaryPurpose to restrict the president’s power to remove certain officeholders without Senate approval
relatedConcept advice and consent of the Senate
checks and balances in the U.S. government
relatedEvent Impeachment of Andrew Johnson
requires Senate consent for removal of certain officeholders
shortDescription 1867 law limiting the U.S. president’s power to remove certain officials without Senate consent
signedBy United States Senate
sponsoredBy Radical Republicans in Congress
subjectOf historical debate over Reconstruction and executive power
vetoedBy Andrew Johnson
vetoStatus veto overridden
yearOfFirstImpeachmentUse 1868

Referenced by (1)
Subject (surface form when different) Predicate
impeachment of Andrew Johnson
relatedLegislation

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