This is a list of the legislatures of the U.S. state of Colorado . The Legislative Assembly of the Territory of Colorado met from the creation of the territory in 1861 until statehood on August 1, 1876 . The General Assembly of the State of Colorado has convened many times since statehood.
151-470: The Legislative Assembly of the Territory of Colorado did not number its legislatures; rather, it numbered its sessions, which occurred occasionally from 1861 to 1876. For a brief time in 1865, Colorado had an approved state constitution, and selected a legislature and other elected officials. The legislature briefly convened, believing that their statehood had been approved. However, Andrew Johnson vetoed
302-482: A " favorite son ". His position that the best interests of the Union were served by slavery in some areas made him a practical compromise candidate for president. He was never a major contender; the nomination fell to former Pennsylvania senator James Buchanan . Though he was not impressed by either, Johnson campaigned for Buchanan and his running mate, John C. Breckinridge , who were elected. Johnson decided not to seek
453-633: A Constitutional amendment could protect black people's rights and welfare within those states. The U.S. Supreme Court stated in Shelley v. Kraemer (1948) that the historical context leading to the Fourteenth Amendment's adoption must be taken into account, that this historical context reveals the Amendment's fundamental purpose and that the provisions of the Amendment are to be construed in light of this fundamental purpose. In its decision
604-426: A Democrat, he has been politically, if not personally hostile to me during my whole term. He is very vindictive and perverse in his temper and conduct. If he had the manliness and independence to declare his opposition openly, he knows he could not be elected by his constituents. I am not aware that I have ever given him cause for offense. Johnson, due to national interest in new railroad construction and in response to
755-657: A Whig, but when another candidate sought the Whig nomination, he ran as a Democrat and was elected. From that time he supported the Democratic party and built a powerful political machine in Greene County. Johnson became a strong advocate of the Democratic Party, noted for his oratory, and in an era when public speaking both informed the public and entertained it, people flocked to hear him. In 1840, Johnson
906-557: A bid for election to the "floater" (open) seat which Greene County shared with neighboring Washington County in the Tennessee House of Representatives . According to his biographer, Hans L. Trefousse , Johnson "demolished" the opposition in debate and won the election with almost a two to one margin. During his Greeneville days, Johnson joined the Tennessee Militia as a member of the 90th Regiment. He attained
1057-459: A cabinet officer or one of the more successful generals. After the convention backed Lincoln, former Secretary of War Simon Cameron offered a resolution to nominate Hamlin, but it was defeated. Johnson was nominated for vice president by C.M. Allen of Indiana with an Iowa delegate seconding it. On the first ballot, Johnson led with 200 votes to 150 for Hamlin and 108 for Dickinson. On the second ballot, Kentucky switched its vote for Johnson, beginning
1208-631: A century. In Saenz v. Roe (1999), the Court ruled that a component of the " right to travel " is protected by the Privileges or Immunities Clause: Despite fundamentally differing views concerning the coverage of the Privileges or Immunities Clause of the Fourteenth Amendment, most notably expressed in the majority and dissenting opinions in the Slaughter-House Cases (1873), it has always been common ground that this Clause protects
1359-518: A commissioner of the Freedmen's Bureau and was known for being a proud man who negotiated the nature of his work with the Johnson family. Notably, he received some monetary compensation for his labors and negotiated with Andrew Johnson to receive a tract of land which Andrew Johnson gave him for free in 1867. In 1857, Andrew Johnson purchased Henry , who was 13 at the time and would later accompany
1510-488: A fair procedure. The Supreme Court has ruled that this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements that state laws must satisfy. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction . This clause has been
1661-729: A foreign citizenship was considered sufficient cause for revocation of national citizenship. This concept was enshrined in a series of treaties between the United States and other countries (the Bancroft Treaties ). However, the Supreme Court repudiated this concept in Afroyim v. Rusk (1967), as well as Vance v. Terrazas (1980), holding that the Citizenship Clause of the Fourteenth Amendment barred
SECTION 10
#17328022796561812-514: A foreign country, the right to travel to the seat of government, the right to peaceably assemble and petition the government, the privilege of the writ of habeas corpus, and the right to participate in the government's administration. This decision has not been overruled and has been specifically reaffirmed several times. Largely as a result of the narrowness of the Slaughter-House opinion, this clause subsequently lay dormant for well over
1963-630: A foreign power, and this clause of the Fourteenth Amendment constitutionalized this rule. According to Garrett Epps , professor of constitutional law at the University of Baltimore, "Only one group is not 'subject to the jurisdiction' [of the United States] – accredited foreign diplomats and their families, who can be expelled by the federal government but not arrested or tried." The U.S. Supreme Court stated in Elk v. Wilkins (1884), with respect to
2114-549: A free state, to the Union. Kentucky's Henry Clay introduced in the Senate a series of resolutions, the Compromise of 1850 , to admit California and pass legislation sought by each side. Johnson voted for all the provisions except for the abolition of the slave trade in the nation's capital. He pressed resolutions for constitutional amendments to provide for popular election of senators (then elected by state legislatures) and of
2265-561: A larger home and a farm (where his mother and stepfather took residence), and among his assets numbered eight or nine slaves. Having served in both houses of the state legislature, Johnson saw election to Congress as the next step in his political career. He engaged in a number of political maneuvers to gain Democratic support, including the displacement of the Whig postmaster in Greeneville, and defeated Jonesborough lawyer John A. Aiken by 5,495 votes to 4,892. In Washington, he joined
2416-575: A major speech in the Senate in December, decrying Northerners who would endanger the Union by seeking to outlaw slavery. The Tennessee senator stated that "all men are created equal" from the Declaration of Independence did not apply to African Americans, since the Constitution of Illinois contained that phrase—and that document barred voting by African Americans. Johnson, by this time, was
2567-505: A man named Turner Doughtry, who was as poor as she was. Johnson's mother apprenticed her son William to a tailor, James Selby. Andrew also became an apprentice in Selby's shop at age ten and was legally bound to serve until his 21st birthday. Johnson lived with his mother for part of his service, and one of Selby's employees taught him rudimentary literacy skills. His education was augmented by citizens who would come to Selby's shop to read to
2718-401: A message of national unity in his re-election campaign, and became vice president after a victorious election in 1864 . Johnson implemented his own form of Presidential Reconstruction , a series of proclamations directing the seceded states to hold conventions and elections to reform their civil governments. Southern states returned many of their old leaders and passed Black Codes to deprive
2869-525: A new Democratic majority in the House of Representatives. Johnson advocated for the interests of the poor, maintained an anti- abolitionist stance, argued for only limited spending by the government and opposed protective tariffs. With Eliza remaining in Greeneville, Congressman Johnson shunned social functions in favor of study in the Library of Congress . Although a fellow Tennessee Democrat, James K. Polk ,
3020-469: A new constitution, including provisions to disenfranchise free people of color. The convention also wanted to reform real estate tax rates, and provide ways of funding improvements to Tennessee's infrastructure. The constitution was submitted for a public vote, and Johnson spoke widely for its adoption; the successful campaign provided him with statewide exposure. On January 4, 1834, his fellow aldermen elected him mayor of Greeneville. In 1835, Johnson made
3171-495: A new constitution, which abolished slavery, on February 22, 1865. One of Johnson's final acts as military governor was to certify the results. Johnson traveled to Washington to be sworn into office, although according to Gordon-Reed, "in light of what happened on March 4, 1865, it might have been better if Johnson had stayed in Nashville." Johnson may have been ill; Castel cited typhoid fever, though Gordon-Reed notes that there
SECTION 20
#17328022796563322-474: A procedural vote when Vice President Breckinridge broke a tie against the bill, and in 1860, a watered-down version passed both houses, only to be vetoed by Buchanan at the urging of Southerners. Johnson continued his opposition to spending, chairing a committee to control it. He argued against funding to build infrastructure in Washington, D.C., stating that it was unfair to expect state citizens to pay for
3473-550: A quilt as a gift. However, she rejected his marriage proposal. He returned to Raleigh, hoping to buy out his apprenticeship, but could not come to terms with Selby. Unable to stay in Raleigh, where he risked being apprehended for abandoning Selby, he decided to move west. Johnson left North Carolina for Tennessee, traveling mostly on foot. After a brief period in Knoxville , he moved to Mooresville, Alabama . He then worked as
3624-546: A railroad strike ( Wilson v. New , 1917), as well as federal laws regulating narcotics ( United States v. Doremus , 1919). The Court repudiated, but did not explicitly overrule, the "freedom of contract" line of cases in West Coast Hotel v. Parrish (1937). In its decision the Court stated: The Constitution does not speak of freedom of contract. It speaks of liberty and prohibits the deprivation of liberty without due process of law. In prohibiting that deprivation,
3775-693: A rambling address as Lincoln, the Congress, and dignitaries looked on. Almost incoherent at times, he finally meandered to a halt, whereupon Hamlin hastily swore him in as vice president. Lincoln, who had watched sadly during the debacle, then went to his own swearing-in outside the Capitol, and delivered his acclaimed Second Inaugural Address . Fourteenth Amendment to the United States Constitution The Fourteenth Amendment ( Amendment XIV ) to
3926-510: A referendum on whether to have a constitutional convention to authorize secession; when that failed, they put the question of leaving the Union to a popular vote. Despite threats on Johnson's life, and actual assaults, he campaigned against both questions, sometimes speaking with a gun on the lectern before him. Although Johnson's eastern region of Tennessee was largely against secession, the second referendum passed, and in June 1861, Tennessee joined
4077-565: A reward for their return: "Ten Dollars Reward. Ran away from the subscriber, two apprentice boys, legally bound, named William and Andrew Johnson ... [payment] to any person who will deliver said apprentices to me in Raleigh, or I will give the above reward for Andrew Johnson alone." The brothers went to Carthage, North Carolina , where Andrew Johnson worked as a tailor for several months. Fearing he would be arrested and returned to Raleigh, Johnson moved to Laurens, South Carolina . He found work quickly, met his first love, Mary Wood, and made her
4228-409: A stampede. Johnson was named on the second ballot with 491 votes to Hamlin's 17 and eight for Dickinson; the nomination was made unanimous. Lincoln expressed pleasure at the result, "Andy Johnson, I think, is a good man." When word reached Nashville, a crowd assembled and the military governor obliged with a speech contending his selection as a Southerner meant that the rebel states had not actually left
4379-661: A successful conclusion the purposes above mentioned. Relying on the principle of "freedom of contract" the Court struck down a law decreeing maximum hours for workers in a bakery in Lochner v. New York (1905) and struck down a minimum wage law in Adkins v. Children's Hospital (1923). In Meyer v. Nebraska (1923), the Court stated that the "liberty" protected by the Due Process Clause [w]ithout doubt ... denotes not merely freedom from bodily restraint but also
4530-530: A tailor in Columbia, Tennessee , but was called back to Raleigh by his mother and stepfather, who saw limited opportunities there and who wished to emigrate west. Johnson and his party traveled through the Blue Ridge Mountains to Greeneville, Tennessee . Andrew Johnson fell in love with the town at first sight, and when he became prosperous purchased the land where he had first camped and planted
4681-492: A third term as governor, with an eye towards election to the U.S. Senate. In 1857, while returning from Washington, his train derailed, causing serious damage to his right arm. This injury would trouble him in the years to come. The victors in the 1857 state legislative campaign would, once they convened in October, elect a United States Senator. Former Whig governor William B. Campbell wrote to his uncle, "The great anxiety of
List of Colorado legislatures - Misplaced Pages Continue
4832-853: A tree in commemoration. In Greeneville, Johnson established a successful tailoring business in the front of his home. In 1827, at the age of 18, he married 16-year-old Eliza McCardle , the daughter of a local shoemaker. The pair were married by Justice of the Peace Mordecai Lincoln , first cousin of Thomas Lincoln , whose son would become president. The Johnsons were married for almost 50 years and had five children: Martha (1828), Charles (1830), Mary (1832), Robert (1834), and Andrew Jr. (1852). Though she had tuberculosis , Eliza supported her husband's endeavors. She taught him mathematics skills and tutored him to improve his writing. Shy and retiring by nature, Eliza Johnson usually remained in Greeneville during Johnson's political rise. She
4983-596: A wealthy man who owned 14 slaves. Johnson hoped that he would be a compromise candidate for the presidential nomination as the Democratic Party tore itself apart over the slavery question. Busy with the Homestead Bill during the 1860 Democratic National Convention in Charleston, South Carolina , he sent two of his sons and his chief political adviser to represent his interests in the backroom deal-making. The convention deadlocked, with no candidate able to gain
5134-454: Is a citizen of the United States of America or not, "for the Due Process Clause applies to all "persons" within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent." The Supreme Court of the United States interprets the clauses broadly, concluding that these clauses provide three protections: procedural due process (in civil and criminal proceedings); substantive due process ; and as
5285-468: Is no independent evidence for that diagnosis. On the evening of March 3, Johnson attended a party in his honor at which he drank heavily. Hung over the following morning at the Capitol, he asked Vice President Hamlin for some whiskey. Hamlin produced a bottle, and Johnson took two stiff drinks, stating "I need all the strength for the occasion I can have." In the Senate Chamber, Johnson delivered
5436-608: Is not addressed by this amendment. The Supreme Court held in Civil Rights Cases (1883) that the amendment was limited to "state action" and, therefore, did not authorize the Congress to outlaw racial discrimination by private individuals or organizations. However, Congress can sometimes reach such discrimination via other parts of the Constitution such as the Commerce Clause which Congress used to enact
5587-620: Is reasonable in relation to its subject and is adopted in the interests of the community is due process. This essential limitation of liberty in general governs freedom of contract in particular. The Court has interpreted the term "liberty" in the Due Process Clauses of the Fifth and Fourteenth Amendments in Bolling v. Sharpe (1954) broadly: Although the Court has not assumed to define "liberty" with any great precision, that term
5738-481: Is that, through the course of this Court's decisions, it has represented the balance which our Nation, built upon postulates of respect for the liberty of the individual, has struck between that liberty and the demands of organized society. If the supplying of content to this constitutional concept has of necessity been a rational process, it certainly has not been one where judges have felt free to roam where unguided speculation might take them. The balance of which I speak
5889-742: Is the balance struck by this country, having regard to what history teaches are the traditions from which it developed as well as the traditions from which it broke. That tradition is a living thing. A decision of this Court which radically departs from it could not long survive, while a decision which builds on what has survived is likely to be sound. No formula could serve as a substitute, in this area, for judgment and restraint. — Justice John M. Harlan II in his dissenting opinion in Poe v. Ullman (1961). The Due Process Clause has been used to strike down legislation . The Fifth and Fourteenth Amendments for example do not prohibit governmental regulation for
6040-823: Is the guarantee of a fair legal process when the government tries to interfere with a person's protected interests in life, liberty, or property, and substantive due process is the guarantee that the fundamental rights of citizens will not be encroached on by government. Furthermore, as observed by Justice John M. Harlan II in his dissenting opinion in Poe v. Ullman , 367 U.S. 497, 541 (1961), quoting Hurtado v. California , 110 U.S. 516, 532 (1884), "the guaranties of due process, though having their roots in Magna Carta 's 'per legem terrae' and considered as procedural safeguards 'against executive usurpation and tyranny', have in this country 'become bulwarks also against arbitrary legislation'." In Planned Parenthood v. Casey (1992) it
6191-584: The Foreign Affairs Manual , which is published by the State Department , "Despite widespread popular belief , U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the [Fourteenth] Amendment." Loss of national citizenship is possible only under the following circumstances: For much of the country's history, voluntary acquisition or exercise of
List of Colorado legislatures - Misplaced Pages Continue
6342-597: The 2000 presidential election , Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials. The amendment's first section includes the Citizenship Clause , Privileges or Immunities Clause , Due Process Clause , and Equal Protection Clause . The Citizenship Clause broadly defines citizenship, superseding
6493-631: The Civil Rights Act of 1964 —the Supreme Court upheld this approach in Heart of Atlanta Motel v. United States (1964). U.S. Supreme Court Justice Joseph P. Bradley commented in the Civil Rights Cases that "individual invasion of individual rights is not the subject-matter of the [Fourteenth] Amendment. It has a deeper and broader scope. It nullifies and makes void all state legislation, and state action of every kind, which impairs
6644-489: The Confederate States of America , including Tennessee, but Johnson remained firmly with the Union. He was the only sitting senator from a Confederate state who did not promptly resign his seat upon learning of his state's secession. In 1862, Lincoln appointed him as Military Governor of Tennessee after most of it had been retaken. In 1864, Johnson was a logical choice as running mate for Lincoln, who wished to send
6795-465: The Homestead Bill in the Senate, but as most senators who supported it were Northern (many associated with the newly founded Republican Party ), the matter became caught up in suspicions over the slavery issue. Southern senators felt that those who took advantage of the provisions of the Homestead Bill were more likely to be Northern non-slaveholders. The issue of slavery had been complicated by
6946-501: The Slaughter-House Cases that the right to become a citizen of a state (by residing in that state) "is conferred by the very article under consideration" (emphasis added), rather than by the "clause" under consideration. In McDonald v. Chicago (2010), Justice Clarence Thomas , while concurring with the majority in incorporating the Second Amendment against the states, declared that he reached this conclusion through
7097-627: The United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments . Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War . The amendment was bitterly contested, particularly by
7248-540: The Western United States to settlement. As military governor, Johnson sought to eliminate rebel influence in the state. He demanded loyalty oaths from public officials, and shut down all newspapers owned by Confederate sympathizers. Much of eastern Tennessee remained in Confederate hands, and the ebb and flow of war during 1862 sometimes brought Confederate control again close to Nashville. However,
7399-410: The federal government nor any state can revoke at will; even undocumented immigrants—"persons", in the language of the amendment—have rights to due process and equal protection of the law. During the original congressional debate over the amendment Senator Jacob M. Howard of Michigan—the author of the Citizenship Clause —described the clause as having the same content, despite different wording, as
7550-620: The newly freed people who were formerly enslaved as well as pardoning ex-Confederates. This led to conflict with the Republican -dominated Congress, culminating in his impeachment by the House of Representatives in 1868. He was acquitted in the Senate by one vote. Johnson was born into poverty and never attended school. He was apprenticed as a tailor and worked in several frontier towns before settling in Greeneville, Tennessee , serving as an alderman and mayor before being elected to
7701-462: The southern War Democrat, on the ticket sent the right message about the folly of secession and the continuing capacity for union within the country." Another factor was the desire of Secretary of State William Seward to frustrate the vice-presidential candidacy of fellow New Yorker and former senator Daniel S. Dickinson , a War Democrat, as Seward would probably have had to yield his place if another New Yorker became vice president. Johnson, once he
SECTION 50
#17328022796567852-421: The " plebeians "; he was less popular among the planters and lawyers who led the state Democratic Party, but none could match him as a vote-getter. After his death, one Tennessee voter wrote of him, "Johnson was always the same to everyone ... the honors heaped upon him did not make him forget to be kind to the humblest citizen." Always seen in impeccably tailored clothing, he cut an impressive figure, and had
8003-484: The Amendment are to be construed with this fundamental purpose in mind. Section 1 has been the most frequently litigated part of the amendment, and this amendment in turn has been the most frequently litigated part of the Constitution. The primary author of the Fourteenth Amendment's first section was John Bingham . The Citizenship Clause overruled the Supreme Court's Dred Scott decision that black people were not citizens and could not become citizens, nor enjoy
8154-578: The August 1853 election due to illness in Henry's family. Johnson won the election by 63,413 votes to 61,163; some votes for him were cast in return for his promise to support Whig Nathaniel Taylor for his old seat in Congress. Tennessee's governor had little power: Johnson could propose legislation but not veto it, and most appointments were made by the Whig-controlled legislature. Nevertheless,
8305-778: The Confederacy. Believing he would be killed if he stayed, Johnson fled through the Cumberland Gap , where his party was in fact shot at. He left his wife and family in Greeneville. As the only member from a seceded state to remain in the Senate and the most prominent Southern Unionist , Johnson had Lincoln's ear in the early months of the war. With most of Tennessee in Confederate hands, Johnson spent congressional recesses in Kentucky and Ohio, trying in vain to convince any Union commander who would listen to conduct an operation into East Tennessee. Johnson's first tenure in
8456-471: The Confederates allowed his wife and family to pass through the lines to join him. Johnson undertook the defense of Nashville as well as he could, though the city was continually harassed by cavalry raids led by General Nathan Bedford Forrest . Relief from Union regulars did not come until General William S. Rosecrans defeated the Confederates at Murfreesboro in early 1863. Much of eastern Tennessee
8607-467: The Congress from revoking citizenship. However, it has been argued that Congress can revoke citizenship that it has previously granted to a person not born in the United States. The Privileges or Immunities Clause, which protects the privileges and immunities of national citizenship from interference by the states, was patterned after the Privileges and Immunities Clause of Article IV, which protects
8758-438: The Constitution does not recognize an absolute and uncontrollable liberty. Liberty in each of its phases has its history and connotation. But the liberty safeguarded is liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people. Liberty under the Constitution is thus necessarily subject to the restraints of due process, and regulation which
8909-527: The Court said: The historical context in which the Fourteenth Amendment became a part of the Constitution should not be forgotten. Whatever else the framers sought to achieve, it is clear that the matter of primary concern was the establishment of equality in the enjoyment of basic civil and political rights and the preservation of those rights from discriminatory action on the part of the States based on considerations of race or color. [...] [T]he provisions of
9060-593: The Fourteenth Amendment also incorporates most of the provisions in the Bill of Rights , which were originally applied against only the federal government, and applies them against the states. The Supreme Court stated in Zadvydas v. Davis (2001) freedom from imprisonment-from government custody, detention, or other forms of physical restraint-lies at the heart of the liberty that the Due Process clause protects. The Due Process clause applies regardless whether one
9211-471: The Fourteenth Amendment wanted these principles enshrined in the Constitution to protect the new Civil Rights Act from being declared unconstitutional by the Supreme Court and also to prevent a future Congress from altering it by a mere majority vote. This section was also in response to violence against black people within the Southern States . The Joint Committee on Reconstruction found that only
SECTION 60
#17328022796569362-672: The Fourteenth Amendment's Due Process Clause: The 'liberty' mentioned in [the Fourteenth] amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties, to be free to use them in all lawful ways, to live and work where he will, to earn his livelihood by any lawful calling, to pursue any livelihood or avocation , and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to
9513-516: The Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent. According to
9664-517: The Johnson family to the White House. Ultimately, Johnson owned at least ten slaves. Andrew Johnson freed his slaves on August 8, 1863; they remained with him as paid servants. A year later, Johnson, as military governor of Tennessee, proclaimed the freedom of Tennessee's slaves. Sam and Margaret, Johnson's former slaves, lived in his tailor shop while he was president, without rent. As a sign of appreciation for proclaiming freedom, Andrew Johnson
9815-545: The Privileges or Immunities Clause instead of the Due Process Clause. Randy Barnett has referred to Justice Thomas's concurring opinion as a "complete restoration" of the Privileges or Immunities Clause. In Timbs v. Indiana (2019), Justice Thomas and Justice Neil Gorsuch , in separate concurring opinions, declared the Excessive Fines Clause of the Eighth Amendment was incorporated against
9966-536: The Senate came to a conclusion in March 1862 when Lincoln appointed him military governor of Tennessee. Much of the central and western portions of that seceded state had been recovered. Although some argued that civil government should simply resume once the Confederates were defeated in an area, Lincoln chose to use his power as commander in chief to appoint military governors over Union-controlled Southern regions. The Senate quickly confirmed Johnson's nomination along with
10117-532: The Senate. The Whigs had gained control of the Tennessee legislature, and, under the leadership of Gustavus Henry , redrew the boundaries of Johnson's First District to make it a safe seat for their party. The Nashville Union termed this "Henry-mandering"; lamented Johnson, "I have no political future." If Johnson considered retiring from politics upon deciding not to seek reelection, he soon changed his mind. His political friends began to maneuver to get him
10268-404: The Supreme Court explained that, to ascertain whether a process is due process, the first step is to "examine the constitution itself, to see whether this process be in conflict with any of its provisions." In Hurtado v. California (1884), the U.S. Supreme Court said: Due process of law in the [Fourteenth Amendment] refers to that law of the land in each state which derives its authority from
10419-542: The Supreme Court's decision in Dred Scott v. Sandford (1857), which had held that Americans descended from African slaves could not be citizens of the United States. Since the Slaughter-House Cases (1873), the Privileges or Immunities Clause has been interpreted to do very little. The Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without
10570-443: The Supreme Court's ruling earlier in the year in Dred Scott v. Sandford that slavery could not be prohibited in the territories. Johnson, a slaveholding senator from a Southern state, made a major speech in the Senate the following May in an attempt to convince his colleagues that the Homestead Bill and slavery were not incompatible. Nevertheless, Southern opposition was key to defeating the legislation, 30–22. In 1859, it failed on
10721-607: The Tennessee House of Representatives in 1835. After briefly serving in the Tennessee Senate , Johnson was elected to the House of Representatives in 1843, where he served five two-year terms. He became governor of Tennessee for four years, and was elected by the legislature to the Senate in 1857. During his congressional service, he sought passage of the Homestead Bill which was enacted soon after he left his Senate seat in 1862. Southern slave states seceded to form
10872-528: The Union. Although it was unusual at the time for a national candidate to actively campaign, Johnson gave a number of speeches in Tennessee, Kentucky, Ohio, and Indiana. He also sought to boost his chances in Tennessee while reestablishing civil government by making the loyalty oath even more restrictive, in that voters would now have to swear that they opposed making a settlement with the Confederacy. The Democratic candidate for president, George McClellan , hoped to avoid additional bloodshed by negotiation, and so
11023-460: The United States and subject to its jurisdiction become American citizens at birth. The principal framer John Armor Bingham said during the 39th United States Congress two years before its passing: I find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in
11174-432: The United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughterhouse Cases , 16 Wall. 36, 83 U. S. 73; Strauder v. West Virginia , 100 U. S. 303, 100 U. S. 306. This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are "all persons born or naturalized in
11325-435: The United States, and subject to the jurisdiction thereof". The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to
11476-575: The United States. In Elk v. Wilkins (1884), the clause's meaning was tested regarding whether birth in the United States automatically extended national citizenship. The Supreme Court held that Native Americans who voluntarily quit their tribes did not automatically gain national citizenship. The issue was resolved with the passage of the Indian Citizenship Act of 1924 , which granted full U.S. citizenship to indigenous peoples. The Fourteenth Amendment provides that children born in
11627-481: The Whig Party was on its final decline nationally, it remained strong in Tennessee, and the outlook for Democrats there in 1855 was poor. Feeling that reelection as governor was necessary to give him a chance at the higher offices he sought, Johnson agreed to make the run. Meredith P. Gentry received the Whig nomination. A series of more than a dozen vitriolic debates ensued. The issues in the campaign were slavery,
11778-595: The Whigs is to elect a majority in the legislature so as to defeat Andrew Johnson for senator. Should the Democrats have the majority, he will certainly be their choice, and there is no man living to whom the Americans and Whigs have as much antipathy as Johnson." The governor spoke widely in the campaign, and his party won the gubernatorial race and control of the legislature. Johnson's final address as governor gave him
11929-582: The altar of our common country ... and swear by our God, and all that is sacred and holy, that the Constitution shall be saved, and the Union preserved." As Southern senators announced they would resign if their states seceded, he reminded Mississippi Senator Jefferson Davis that if Southerners would only hold to their seats, the Democrats would control the Senate, and could defend the South's interests against any infringement by Lincoln. Gordon-Reed points out that while Johnson's belief in an indissoluble Union
12080-461: The amendment. The Reconstruction Amendments and thus the Fourteenth Amendment "were specifically designed as an expansion of federal power and an intrusion on state sovereignty." The Reconstruction Amendments affected the constitutional division of power between U.S. state governments and the federal government of the United States , for "The Fourteenth Amendment 'expand[ed] federal power at the expense of state autonomy' and thus 'fundamentally altered
12231-498: The author of the Civil Rights Act, asserted that both the Civil Rights Act and the Fourteenth Amendment would confer citizenship to children born to foreign nationals in the United States. Senator Edgar Cowan of Pennsylvania had a decidedly different opinion. Some scholars dispute whether the Citizenship Clause should apply to the children of unauthorized immigrants today, as "the problem ... did not exist at
12382-487: The balance of state and federal power struck by the Constitution ' " ( Seminole Tribe of Fla. v. Florida , 517 U. S. 44, 59 (1996); see also Ex parte Virginia , 100 U. S. 339, 345 (1880). ). Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge
12533-441: The basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated. However, the second section's reference to "rebellion, or other crime" has been invoked as a constitutional ground for felony disenfranchisement . It was held, under Trump v. Anderson (2024), that only the federal government can enforce section three and not
12684-410: The benefits of citizenship. Some members of Congress voted for the Fourteenth Amendment in order to eliminate doubts about the constitutionality of the Civil Rights Act of 1866 , or to ensure that no subsequent Congress could later repeal or alter the main provisions of that Act. The Civil Rights Act of 1866 had granted citizenship to all people born in the United States if they were not subject to
12835-539: The chance to influence his electors, and he made proposals popular among Democrats. Two days later the legislature elected him to the Senate. The opposition was appalled, with the Richmond Whig newspaper referring to him as "the vilest radical and most unscrupulous demagogue in the Union". Johnson gained high office due to his proven record as a man popular among the small farmers and self-employed tradesmen who made up much of Tennessee's electorate. He called them
12986-486: The children of ambassadors and foreign ministers were to be excluded. Senator James Rood Doolittle of Wisconsin asserted that all Native Americans were subject to United States jurisdiction, so that the phrase "Indians not taxed" would be preferable, but Senate Judiciary Committee Chairman Lyman Trumbull and Howard disputed this, arguing that the federal government did not have full jurisdiction over Native American tribes, which govern themselves and make treaties with
13137-597: The city's streets, even if it was the seat of government. He opposed spending money for troops to put down the revolt by the Mormons in Utah Territory , arguing for temporary volunteers as the United States should not have a standing army. In October 1859, abolitionist John Brown and sympathizers raided the federal arsenal at Harpers Ferry , Virginia (today West Virginia). Tensions in Washington between pro- and anti-slavery forces increased greatly. Johnson gave
13288-513: The conflict grew between the branches of government, Congress passed the Tenure of Office Act restricting Johnson's ability to fire Cabinet officials. He persisted in trying to dismiss Secretary of War Edwin Stanton , but ended up being impeached by the House of Representatives and narrowly avoided conviction in the Senate. He did not win the 1868 Democratic presidential nomination and left office
13439-475: The congressional debate over the amendment, as well as the customs and understandings prevalent at that time. Some of the major issues that have arisen about this clause are the extent to which it included Native Americans , its coverage of non-citizens legally present in the United States when they have a child, whether the clause allows revocation of citizenship, and whether the clause applies to illegal immigrants . The historian Eric Foner , who has explored
13590-519: The corresponding enabling act, and the body that met as the state legislature was disbanded. This legislature met from December 12 through December 19, 1865. The state legislature has met in Denver, Colorado since its founding. "The first legislative session met from November 1, 1876, through March 20, 1877, and the succeeding sessions met every two years in the odd numbered years: 1879, 1881, 1883, etc., until 1950." "Colorado general elections are held on
13741-618: The defender of the poor against the aristocracy. In his second term, Johnson supported the Polk administration's decision to fight the Mexican War , seen by some Northerners as an attempt to gain territory to expand slavery westward, and opposed the Wilmot Proviso , a proposal to ban slavery in any territory gained from Mexico. He introduced for the first time his Homestead Bill, to grant 160 acres (65 ha) to people willing to settle
13892-564: The due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure." Justice Louis Brandeis observed in his concurrence opinion in Whitney v. California , 274 U.S. 357, 373 (1927), that "[d]espite arguments to the contrary which had seemed to me persuasive, it is settled that the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as to matters of procedure. Thus all fundamental rights comprised within
14043-432: The earlier Civil Rights Act of 1866, namely, that it excludes Native Americans who maintain their tribal ties and "persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers". According to historian Glenn W. LaFantasie of Western Kentucky University , "A good number of his fellow senators supported his view of the citizenship clause." Others also agreed that
14194-689: The expansion of national consciousness that marked Reconstruction . ... Birthright citizenship is one legacy of the titanic struggle of the Reconstruction era to create a genuine democracy grounded in the principle of equality. Garrett Epps also stresses, like Eric Foner, the equality aspect of the Fourteenth Amendment: Its centerpiece is the idea that citizenship in the United States is universal —that we are one nation, with one class of citizens, and that citizenship extends to everyone born here. Citizens have rights that neither
14345-579: The first Tuesday, following the first Monday in November in every even-numbered year, with the exception of the first election in October 1876. Since 1876, representatives have been elected every two years and senators have been elected every four years on a staggered basis." 38°59′50″N 105°32′52″W / 38.9972°N 105.5478°W / 38.9972; -105.5478 ( State of Colorado ) Andrew Johnson Andrew Johnson (December 29, 1808 – July 31, 1875)
14496-508: The following year. Johnson returned to Tennessee after his presidency and gained some vindication when he was elected to the Senate in 1875, making him the only president to afterwards serve in the Senate. He died five months into his term. Johnson's strong opposition to federally guaranteed rights for black Americans is widely criticized. Historians have consistently ranked him one of the worst presidents in American history. Andrew Johnson
14647-642: The freedmen of many civil liberties, but Congressional Republicans refused to seat legislators from those states and advanced legislation to overrule the Southern actions. Johnson vetoed their bills, and Congressional Republicans overrode him, setting a pattern for the remainder of his presidency. Johnson opposed the Fourteenth Amendment which gave citizenship to former slaves. In 1866, he went on an unprecedented national tour promoting his executive policies, seeking to break Republican opposition. As
14798-458: The inherent and reserved powers of the state, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and the greatest security for which resides in the right of the people to make their own laws, and alter them at their pleasure. Due process has not been reduced to any formula; its content cannot be determined by reference to any code. The best that can be said
14949-695: The institution of slavery ... seeks to overthrow it [the Government], then the Government has a clear right to destroy it". He reluctantly supported efforts to enlist former slaves into the Union Army, feeling that African-Americans should perform menial tasks to release white Americans to do the fighting. Nevertheless, he succeeded in recruiting 20,000 black soldiers to serve the Union. In 1860, Lincoln's running mate had been Senator Hannibal Hamlin of Maine. Although Hamlin had served competently,
15100-403: The issues of the day with customers who held opposing views. He also took part in debates at Greeneville College . In 1843, Johnson purchased his first slave, Dolly , who was 14 years old at the time. Dolly had three children— Liz , Florence and William . Soon after his purchase of Dolly, he purchased Dolly's half-brother Sam . Sam Johnson and his wife Margaret had nine children. Sam became
15251-405: The jurisdiction of the United States at the time of birth cannot become so afterward except by being naturalized, either individually, as by proceedings under the naturalization acts , or collectively, as by the force of a treaty by which foreign territory is acquired. There are varying interpretations of the original intent of Congress and of the ratifying states, based on statements made during
15402-508: The land and gain title to it. This issue was especially important to Johnson because of his own humble beginnings. In the presidential election of 1848 , the Democrats split over the slavery issue, and abolitionists formed the Free Soil Party , with former president Van Buren as their nominee. Johnson supported the Democratic candidate, former Michigan senator Lewis Cass . With the party split, Whig nominee General Zachary Taylor
15553-482: The language of your Constitution itself, a natural-born citizen; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance , is not and shall not be a citizen of the United States. [emphasis added] At the time of the amendment's passage, President Andrew Johnson and three senators, including Trumbull,
15704-460: The last was passed. Johnson was critical of the Tennessee common school system and suggested funding be increased via taxes, either statewide or county by county—a mixture of the two was passed. Reforms carried out during Johnson's time as governor included the foundation of the State's public library (making books available to all) and its first public school system, and the initiation of regular state fairs to benefit craftsmen and farmers. Although
15855-490: The need for better transportation in his own district, also supported government assistance for the East Tennessee and Virginia Railroad . During his campaign for a fourth term, Johnson concentrated on three issues: slavery, homesteads and judicial elections. He defeated his opponent, Nathaniel G. Taylor , in August 1849, with a greater margin of victory than in previous campaigns. When the House convened in December,
16006-508: The nomination for governor. The Democratic convention unanimously named him, though some party members were not happy at his selection. The Whigs had won the past two gubernatorial elections, and still controlled the legislature. That party nominated Henry, making the "Henry-mandering" of the First District an immediate issue. The two men debated in county seats the length of Tennessee before the meetings were called off two weeks before
16157-498: The office was a " bully pulpit " that allowed him to publicize himself and his political views. He succeeded in getting the appointments he wanted in return for his endorsement of John Bell , a Whig, for one of the state's U.S. Senate seats. In his first biennial speech, Johnson urged simplification of the state judicial system, abolition of the Bank of Tennessee, and establishment of an agency to provide uniformity in weights and measures;
16308-589: The party division caused by the Free Soil Party precluded the formation of the majority needed to elect a Speaker. Johnson proposed adoption of a rule allowing election of a Speaker by a plurality; some weeks later others took up a similar proposal, and Democrat Howell Cobb was elected. Once the Speaker election had concluded and Congress was ready to conduct legislative business, the issue of slavery took center stage. Northerners sought to admit California,
16459-613: The party system in a state of flux. The Whig Party had organized in opposition to Jackson, fearing the concentration of power in the Executive Branch of the government; Johnson differed from the Whigs as he opposed more than minimal government spending and spoke against aid for the railroads, while his constituents hoped for improvements in transportation. After Brookins Campbell and the Whigs defeated Johnson for reelection in 1837, Johnson would not lose another race for thirty years. In 1839, he sought to regain his seat, initially as
16610-509: The president (chosen by the Electoral College ), and limiting the tenure of federal judges to 12 years. These were all defeated. A group of Democrats nominated Landon Carter Haynes to oppose Johnson as he sought a fifth term; the Whigs were so pleased with the internecine battle among the Democrats in the general election that they did not nominate a candidate of their own. The campaign included fierce debates: Johnson's main issue
16761-495: The privileges and immunities of citizens of the United States, or which injures them in life, liberty or property without due process of law, or which denies to any of them the equal protection of the laws." The Radical Republicans who advanced the Thirteenth Amendment hoped to ensure broad civil and human rights for the newly freed people—but its scope was disputed before it even went into effect. The framers of
16912-464: The privileges and immunities of national citizenship included only those rights that "owe their existence to the Federal government, its National character, its Constitution, or its laws." The Court recognized few such rights, including access to seaports and navigable waterways, the right to run for federal office, the protection of the federal government while on the high seas or in the jurisdiction of
17063-472: The privileges and immunities of state citizenship from interference by other states. In the Slaughter-House Cases (1873), the Supreme Court concluded that the Constitution recognized two separate types of citizenship—"national citizenship" and "state citizenship"—and the Court held that the Privileges or Immunities Clause prohibits states from interfering only with privileges and immunities possessed by virtue of national citizenship. The Court concluded that
17214-478: The privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 1 of the amendment formally defines United States citizenship and also protects various civil rights from being abridged or denied by any state or state actor . Abridgment or denial of those civil rights by private persons
17365-632: The prohibition of alcohol, and the nativist positions of the Know Nothing Party . Johnson favored the first, but opposed the others. Gentry was more equivocal on the alcohol question, and had gained the support of the Know Nothings, a group Johnson portrayed as a secret society. Johnson was unexpectedly victorious, albeit with a narrower margin than in 1853. When the presidential election of 1856 approached, Johnson hoped to be nominated; some Tennessee county conventions designated him
17516-460: The public welfare. Instead, they only direct the process by which such regulation occurs. As the Court has held before, such due process "demands only that the law shall not be unreasonable, arbitrary, or capricious, and that the means selected shall have a real and substantial relation to the object sought to be attained." Despite the foregoing citation the Due Process Clause enables the Supreme Court to exercise its power of judicial review , "because
17667-558: The purpose of the Citizenship Clause and the words "persons born or naturalized in the United States" and "subject to the jurisdiction thereof", in this context: The main object of the opening sentence of the Fourteenth Amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this Court, as to the citizenship of free negroes ( Scott v. Sandford , 19 How. 393), and to put it beyond doubt that all persons, white or black , and whether formerly slaves or not, born or naturalized in
17818-417: The question of U.S. birthright citizenship in its relation to other countries, argues that: Many things claimed as uniquely American—a devotion to individual freedom, for example, or social opportunity—exist in other countries. But birthright citizenship does make the United States (along with Canada) unique in the developed world. ... Birthright citizenship is one expression of the commitment to equality and
17969-429: The rank of brigadier general . In response, the Confederates confiscated his land and his slaves, and turned his home into a military hospital. Later in 1862, after his departure from the Senate and in the absence of most Southern legislators, the Homestead Bill was finally enacted. Along with legislation for land-grant colleges and for the transcontinental railroad , the Homestead Bill has been credited with opening
18120-569: The rank of colonel , though while an enrolled member, Johnson was fined for an unknown offense. Afterwards, he was often addressed or referred to by his rank. In his first term in the legislature, which met in the state capital of Nashville , Johnson did not consistently vote with either the Democratic or the newly formed Whig Party , though he revered President Andrew Jackson , a Democrat and fellow Tennessean. The major parties were still determining their core values and policy proposals, with
18271-587: The required two-thirds vote, but the sides were too far apart to consider Johnson as a compromise. The party split, with Northerners backing Illinois Senator Stephen Douglas while Southerners, including Johnson, supported Vice President Breckinridge for president. With former Tennessee senator John Bell running a fourth-party candidacy and further dividing the vote, the Republican Party elected its first president, former Illinois representative Abraham Lincoln . The election of Lincoln , known to be against
18422-693: The right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men. However, the Court did uphold some economic regulation, such as state Prohibition laws ( Mugler v. Kansas , 1887), laws declaring maximum hours for mine workers ( Holden v. Hardy , 1898), laws declaring maximum hours for female workers ( Muller v. Oregon , 1908), and President Woodrow Wilson 's intervention in
18573-475: The spread of slavery, was unacceptable to many in the South. Although secession from the Union had not been an issue in the campaign, talk of it began in the Southern states. Johnson took to the Senate floor after the election, giving a speech well received in the North, "I will not give up this government ... No; I intend to stand by it ... and I invite every man who is a patriot to ... rally around
18724-435: The stamina to endure lengthy campaigns with daily travel over bad roads leading to another speech or debate. Mostly denied the party's machinery, he relied on a network of friends, advisers, and contacts. One friend, Hugh Douglas, stated in a letter to him, "you have been in the way of our would be great men for a long time. At heart many of us never wanted you to be Governor only none of the rest of us Could have been elected at
18875-520: The states of the defeated Confederacy , which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage , Roe v. Wade (1973) regarding abortion ( overturned in 2022 ), Bush v. Gore (2000) regarding
19026-432: The states through the Privileges or Immunities Clause instead of the Due Process Clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has described due process consequently as "the protection of the individual against arbitrary action." In 1855,
19177-458: The states. The fourth section was held, in Perry v. United States (1935), to prohibit Congress from abrogating a contract of debt incurred by a prior Congress. The fifth section gives Congress the power to enforce the amendment's provisions by "appropriate legislation"; however, under City of Boerne v. Flores (1997), this power may not be used to contradict a Supreme Court decision interpreting
19328-458: The stricter loyalty oath effectively disenfranchised his supporters. Lincoln declined to override Johnson, and their ticket took the state by 25,000 votes. Congress refused to count Tennessee's electoral votes, but Lincoln and Johnson did not need them, having won in most states that had voted, and easily secured the election. Now Vice President-elect, Johnson was eager to complete the work of reestablishing civilian government in Tennessee, although
19479-438: The tailors as they worked. Even before he became an apprentice, Johnson came to listen. The readings instilled in him a lifelong love of learning, and one of his biographers, Annette Gordon-Reed , suggests that Johnson, later a gifted public speaker, learned the art as he threaded needles and cut cloth. Johnson was not happy at James Selby's, and after about five years, both he and his brother ran away. Selby responded by placing
19630-600: The term liberty are protected by the Federal Constitution from invasion by the States." The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendment , which applies against the federal government; both clauses have been interpreted to encompass identical doctrines of procedural due process and substantive due process . Procedural due process
19781-430: The third component of the right to travel. Writing for the majority in the Slaughter-House Cases , Justice Miller explained that one of the privileges conferred by this Clause "is that a citizen of the United States can, of his own volition, become a citizen of any State of the Union by a bona fide residence therein, with the same rights as other citizens of that State." (emphasis added) Justice Miller actually wrote in
19932-504: The time and we only wanted to use you. Then we did not want you to go to the Senate but the people would send you ." The new senator took his seat when Congress convened in December 1857 (the term of his predecessor, James C. Jones , had expired in March). He came to Washington as usual without his wife and family; Eliza would visit Washington only once during Johnson's first time as senator, in 1860. Johnson immediately set about introducing
20083-468: The time". In the 21st century, Congress has occasionally discussed passing a statute or a constitutional amendment to reduce the practice of " birth tourism ", in which a foreign national gives birth in the United States to gain the child's citizenship. The clause's meaning with regard to a child of immigrants was tested in United States v. Wong Kim Ark (1898). The Supreme Court held that under
20234-424: The timetable for the election of a new governor did not allow it to take place until after Inauguration Day, March 4. He hoped to remain in Nashville to complete his task, but was told by Lincoln's advisers that he could not stay, but would be sworn in with Lincoln. In these months, Union troops finished the retaking of eastern Tennessee, including Greeneville. Just before his departure, the voters of Tennessee ratified
20385-419: The town bell, shortly after rescuing three drowning men, when his son Andrew was three. Polly Johnson worked as a washerwoman and became the sole support of her family. Her occupation was then looked down on, as it often took her into other homes unaccompanied. Since Andrew did not resemble either of his siblings, there are rumors that he may have been fathered by another man. Polly Johnson eventually remarried to
20536-473: The vehicle for the incorporation of the Bill of Rights . Beginning with Allgeyer v. Louisiana (1897), the U.S. Supreme Court interpreted the Due Process Clause as providing substantive protection to private contracts, thus prohibiting a variety of social and economic regulation; this principle was referred to as " freedom of contract ". A unanimous court held with respect to the noun "liberty" mentioned in
20687-525: Was a poor man, as had been his father, William Johnson, but he became town constable of Raleigh before marrying and starting a family. Jacob Johnson had been a porter for the State Bank of North Carolina , appointed by William Polk , a relative of President James K. Polk . Both Jacob and Mary were illiterate, and had worked as tavern servants, while Johnson never attended school and grew up in poverty. Jacob died of an apparent heart attack while ringing
20838-519: Was born in Raleigh, North Carolina , on December 29, 1808, to Jacob Johnson (1778–1812) and Mary ("Polly") McDonough (1783–1856), a laundress. He was of English , Scots-Irish , and Scottish ancestry. He had a brother William, four years his senior, and an older sister Elizabeth, who died in childhood. Johnson's birth in a two-room shack was a political asset in the mid-19th century, and he frequently reminded voters of his humble origins. Jacob Johnson
20989-601: Was captured later that year. When Lincoln issued the Emancipation Proclamation in January 1863, declaring freedom for all slaves in Confederate-held areas, he exempted Tennessee at Johnson's request. The proclamation increased the debate over what should become of the slaves after the war, as not all Unionists supported abolition. Johnson finally decided that slavery had to end. He wrote, "If
21140-553: Was easily victorious, and carried Tennessee. Johnson's relations with Polk remained poor; the President recorded of his final New Year's reception in 1849 that Among the visitors I observed in the crowd today was Hon. Andrew Johnson of the Ho. Repts. [House of Representatives] Though he represents a Democratic District in Tennessee (my own State) this is the first time I have seen him during the present session of Congress. Professing to be
21291-449: Was elected president in 1844, and Johnson had campaigned for him, the two men had difficult relations, and President Polk refused some of his patronage suggestions. Johnson believed, as did many Southern Democrats, that the Constitution protected private property, including slaves, and thus prohibited the federal and state governments from abolishing slavery. He won a second term in 1845 against William G. Brownlow , presenting himself as
21442-463: Was given a watch by newly emancipated people in Tennessee inscribed with "for his Untiring Energy in the Cause of Freedom". Johnson helped organize a Mechanics' (Working Men's) ticket in the 1829 Greeneville municipal election. He was elected town alderman, along with his friends Blackston McDannel and Mordecai Lincoln. Following Nat Turner's Rebellion in 1831, a state convention was called to pass
21593-464: Was in good health, and was willing to run again, Johnson emerged as running mate for Lincoln's reelection bid in 1864 . Lincoln considered several War Democrats for the ticket in 1864, and sent an agent to sound out General Benjamin Butler as a possible running mate. In May 1864, the president dispatched General Daniel Sickles to Nashville on a fact-finding mission. Although Sickles denied that he
21744-490: Was not often seen during her husband's presidency; their daughter Martha usually served as official hostess. Johnson's tailoring business prospered during the early years of the marriage, enabling him to hire help and giving him the funds to invest profitably in real estate. He later boasted of his talents as a tailor, "my work never ripped or gave way". He was a voracious reader. Books about famous orators aroused his interest in political dialogue, and he had private debates on
21895-553: Was observed: "Although a literal reading of the Clause might suggest that it governs only the procedures by which a State may deprive persons of liberty, for at least 105 years, since Mugler v. Kansas , 123 U. S. 623, 660-661 (1887), the Clause has been understood to contain a substantive component as well, one "barring certain government actions regardless of the fairness of the procedures used to implement them." Daniels v. Williams , 474 U. S. 327, 331 (1986)." The Due Process Clause of
22046-575: Was selected as a presidential elector for Tennessee, giving him more statewide publicity. Although Democratic President Martin Van Buren was defeated by former Ohio senator William Henry Harrison , Johnson was instrumental in keeping Greene County in the Democratic column. He was elected to the Tennessee Senate in 1841, where he served a two-year term. He had achieved financial success in his tailoring business, but sold it to concentrate on politics. He had also acquired additional real estate, including
22197-475: Was sincere, he had alienated Southern leaders, including Davis, who would soon be the president of the Confederate States of America , formed by the seceding states. If the Tennessean had backed the Confederacy, he would have had small influence in its government. Johnson returned home when his state took up the issue of secession. His successor as governor, Isham G. Harris , and the legislature organized
22348-547: Was the 17th president of the United States , serving from 1865 to 1869. He assumed the presidency following the assassination of Abraham Lincoln , as he was vice president at that time. Johnson was a Democrat who ran with Abraham Lincoln on the National Union Party ticket, coming to office as the Civil War concluded. He favored quick restoration of the seceded states to the Union without protection for
22499-483: Was the passage of the Homestead Bill; Haynes contended it would facilitate abolition. Johnson won the election by more than 1,600 votes. Though he was not enamored of the party's presidential nominee in 1852 , former New Hampshire senator Franklin Pierce , Johnson campaigned for him. Pierce was elected, but he failed to carry Tennessee. In 1852, Johnson managed to get the House to pass his Homestead Bill, but it failed in
22650-548: Was there either to investigate or interview the military governor, Johnson biographer Hans L. Trefousse believes that Sickles's trip was connected to Johnson's subsequent nomination for vice president. According to historian Albert Castel in his account of Johnson's presidency, Lincoln was impressed by Johnson's administration of Tennessee. Gordon-Reed points out that while the Lincoln-Hamlin ticket might have been considered geographically balanced in 1860, "having Johnson,
22801-578: Was told by reporters the likely purpose of Sickles' visit, was active on his own behalf, delivering speeches and having his political friends work behind the scenes to boost his candidacy. To sound a theme of unity in 1864, Lincoln ran under the banner of the National Union Party , rather than that of the Republicans. At the party's convention in Baltimore in June, Lincoln was easily nominated, although there had been some talk of replacing him with
#655344