Johnson's Battle with Congress

View of the Plessy v Ferguson memorial in New Orleans

Congress Imposes Radical Reconstruction

Concerned that President Andrew Johnson viewed Congress as an "illegal body" and was attempting to overthrow the government, Republicans in Congress took control of Reconstruction policies after the 1866 election. Johnson ignored this, and openly encouraged southern states to refuse the ratification of the 14th Amendment. The border states of Delaware, Maryland and Kentucky, as well as each former Confederate state excluding Tennessee, adhered to Johnson's recommendation and refused to ratify.

During the era known as "Radical Reconstruction," Radical Republicans in Congress, led by Stevens and Sumner, paved the way for male freedmen suffrage. Although the Radical Republicans were generally in control, they had to compromise with the moderate Republicans and Democrats in Congress. As a result, Radical Republicans found themselves virtually powerless.

Constitutional Amendments

The Reconstruction Amendments, the 13th, 14th and 15th amendments, were adopted between 1865 and 1870. The 13th Amendment, which abolished slavery, was ratified in 1865. The 14th Amendment, proposed in 1866 and ratified in 1868, guaranteed United States citizenship to all persons born or naturalized in the United States, and granted them federal civil rights. The 15th Amendment, proposed in late February of 1869 and passed roughly a year later, decreed that the right to vote could not be denied based on "race, color, or previous condition of servitude". However, the amendment did not declare the vote an unconditional right; it only prohibited these examples of discrimination. Voter registration and electoral laws were still left up to the state.

Following Reconstruction, many blacks became active in voting and political life. However, white Democrats and insurgent groups forcefully regained power in the state legislatures, and passed laws that effectively disfranchised most blacks (and many poor whites) in the South. Early Supreme Court rulings at the dawn of the 20th century upheld many of these new southern constitutions and laws, preventing most blacks voting in the South until the 1960's. Full federal enforcement of the Fourteenth and Fifteenth Amendments did not occur until the passage of the African-American Civil Rights Movement (1955–1968) necessitated the amendments' legislation.

Reconstruction Acts and Military Reconstruction

With the Radicals in control, Congress passed four statutes, known as "Reconstruction Acts," on March 2, 1867. The full title of the initial legislation was "An act to provide for the more efficient government of the Rebel States.” For the former Confederate States to be readmitted to the Union, they had to fulfill all requirements of the Acts. Texas was accepted since it had already ratified the 13th amendment and had been readmitted.

The first Reconstruction Act placed ten Confederate states under military control, grouping them into five military districts:

• First Military District: Virginia, under General John Schofield
• Second Military District: North Carolina and South Carolina, under General Daniel Sickles
• Third Military District: Georgia, Alabama and Florida, under General John Pope and George Meade
• Fourth Military District: Arkansas and Mississippi, under General Edward Ord
• Fifth Military District: Texas and Louisiana, under Generals Philip Sheridan and Winfield Scott Hancock

Tennessee was an exception, as it had already been readmitted to the Union.

These districts placed the ten Southern state governments under the direct control of the United States Army. One major purpose of this was to protect African Americans' right to vote. Within this state of martial law, the military closely supervised local government, elections and the administration of justice, and tried to protect office holders and freedmen alike from violence. Blacks were enrolled as voters; former Confederate leaders were excluded for a limited period of time. No one state was entirely representative. For example, the Reconstruction Acts denied the right to vote from men who had sworn to uphold the Constitution only to rebel against the Federal Government. Because so many white men fought for the Confederacy, they were thus denied the right to vote. Although blacks were a minority in some states, the number of blacks who were registered to vote nearly matched the number of white registered voters.

Additionally, Congress required that each state draft a new state constitution to be approved by Congress. The states were also required to ratify the Fourteenth Amendment to the United States Constitution and grant voting rights to black men

President Andrew Johnson's vetoes of these measures were overridden by Congress. After Ex Parte McCardle came before the Supreme Court in 1867, Congress feared that the Court might strike the Reconstruction Acts down as unconstitutional. In order to prevent this, Congress repealed the Habeas Corpus Act of 1867, revoking the Supreme Court's jurisdiction over the case.

By the end of 1870, all Southern states were readmitted to Congress, the last being Georgia.