United States Fifteenth Amendment

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The Senate of the Fortieth Session of Congress

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Session 6550: 1867-12-04 12:00:00

Timothy O. Howe from Wisconsin enters the Senate; S. 161 is proposed and referred to the Committee on the Judiciary; Mr. Drake proposes a resolution related to the President's Annual Message

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Concurrent Resolution in Relation to the President's Annual Message

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A concurrent resolution in relation to the annual message of the President of the United States.

Resolved by the Senate, (the House of Representatives concurring.) That the President of the United States, in declaring in his annual message to the two Houses of Congress at the present session that the acts heretofore passed by those Houses in relation to the reconstruction of the “insurrectionary States are not only objectionable for their assumption of ungranted power but many of their provisions are in conflict with the direct prohibitions of the Constitution.” and that those acts are “as plainly unconstitutional as any that can be imagined,” has transcended the just limits of his constitutional prerogative to “give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient;” that the use of such language by him in his official character is, in our judgment, calculated to derogate from the rightful authority of the law-making power of the nation and to incite insubordination, if not violent resistance, to laws which it is his duty as President to take care shall be faithfully executed;” that, as between the Congress and the President, the former is the exclusive and final judge, in the first instance, of the conformity of its acts to the Constitution; and that which any act has been passed by two thirds both Houses over the President's objections any subsequent official denouncement of it by him as unconstitutional, in the absence of any adjudication to that effect by the supreme judiciary of the nation, in a departure from official propriety, and a breach of official obligation, justifying and calling for distinct reprehension on the part of the Senate and the House of Representatives.

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