1876 Presidential Election

States' Rights v Federal Power From the Nation's Founding to Civil War, Jim Crow, and Civil Rights Movement
Civil Rights

States’ Rights v Federal Power From the Nation’s Founding to Civil War, Jim Crow, and Civil Rights Movement

08/23/2024 Bruce Strom 1

The Constitution was drafted to correct the many weaknesses of the Articles of Confederation. Congressmen now swear allegiance to the United States rather than to their native states, as was done under the Articles. The Constitution grants the Federal government not only the power to levy taxes, but also to collect them, as well as sole control over trade and commerce. The Constitution establishes a Federal court system that can override state court decisions if there is a conflict. The US Congress, unlike the Confederation Congress, can pass routine legislation with a simple majority vote. […]

Can Speaker Mike Johnson and the Republicans refuse to seat validly elected Democrats to the House in 2025?
Current Events and History

Can Speaker Mike Johnson and the Republicans refuse to seat validly elected Democrats to the House in 2025?

04/03/2024 Bruce Strom 0

Had the law surrounding this issue had not continued to evolve, this indeed would be a troubling precedent. But the issue did evolve, and in 1969 the Supreme Court under Chief Justice Earl Warren decided that Congress could not deny any duly elected Representative their seat in Congress unless they did not meet the qualifications for office listed in the Constitution, that they be at least twenty-years-old, have been a citizen for seven years, and live in the district they represent. The House of Representatives had attempted to refuse to seat Adam Clayton Powell, a controversial black congressman who was embroiled in credible financial scandals. There was only one justice who dissented on technical grounds. […]

1876 Contested Presidential Election: Precedent for January 6th Elector Scheme?
Civil Rights

1876 Contested Presidential Election: Precedent for January 6th Fake Elector Scheme?

11/15/2023 Bruce Strom 2

Rehnquist notes that during the campaign, Hayes released a statement “recognizing the need for Southerners to control their own affairs but calling for respect for the constitutional rights of all citizens,” a promise made by Southerners that they never intended to keep. Hayes tried waving the bloody shirt during the campaign, but not only was Tilden a New York Democrat, he was over the mandatory draft age, as he was in his mid-forties during the Civil War. Everyone expected that the vote would be close in this Presidential election. […]

14th Amendment National Debt Insurrection SMALL
Civil War and Reconstruction

Unenforced Sections of the 14th Reconstruction Amendment: Public Debt and Insurrection

05/26/2023 Bruce Strom 1

Is this Republican blackmail constitutional? Most scholars and the Justice Department do not think so, although there are some conservative scholars who disagree. And there is no Supreme Court precedent for this question. President Biden has publicly stated that the Fourteenth Amendment question is on the table. […]