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Long title | An act regulating the tenure of certain civil offices |
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Enacted by | the 39th United States Congress |
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Repealed on March 3, 1887[1] |
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28th Governor of New York
22nd & 24th President of the United States
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The Tenure of Office Act was a United States federal law, in force from 1867 to 1887, that was intended to restrict the power of the president to remove certain office-holders without the approval of the U.S. Senate. The law was enacted March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.[2]
Johnson's attempt to remove Secretary of War Edwin Stanton from office without the Senate's approval led to the impeachment of Johnson in early 1868 for violating the act.
The act was significantly amended by Congress on April 5, 1869, under President Ulysses S. Grant. Congress repealed the act in its entirety in 1887, 20 years after the law was enacted. While evaluating the constitutionality of a similar law in Myers v. United States (1926), the Supreme Court stated that the Tenure of Office Act was likely invalid.[3]
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