Did Congress break Constitutional Law to push through the 14th Amendment?
The 14th Amendment is reportedly one of the most litigated, used and probably mis-used Amendments ever. It came out of the Radical Reconstruction Congress imposed on the South after the Civil War. Basically it insured that all men over 21 would be counted to determine representation in congress. It protected Due Process and for the first time made States subservient to the bill of rights thus overturning many Supreme Court rulings that made it clear the Bill of Rights only applied to the Federal government. (The 15th, 19th, 24th and 26th Amendments now protect voting rights of all Adults 18 years and over.)
One wonders if Congress, in response to what they considered an out of control President Andrew Johnson, setting the rules of Presidential Reconstruction, overstepped it's proper constitutional grounds and disobeyed the Strictures of the 10th Amendment, by rescinding Statehood of the Confederate States and declaring them as reverted to Territories of the United States under Military rule with Congressional Radical Reconstruction? Bear in mind that at that time in our history, Congress was a part time occupation with designated times they must be in and out of session.
During the interlude between authorized sessions of Congress, President Andrew Johnson Used Presidential authority to Reconstruct the Confederate States Legislatures and authorized the States to vote in state elections and pardoned almost all of the Confederate Leadership that was banned from holding political office under the terms of Presidential Reconstruction. With exception of the issue of suffrage for freed blacks which Johnson was against, all this was in accord with what Lincoln was promoting before he was assassinated.
Did President Andrew Johnson actually exceeded his enumerated powers when he authorized the Confederate States to vote again in Federal Elections and allowing them to elect their Federal Representatives and Senators? Congress thought so, and declared that Johnson's actions on the Federal elections was void citing Article 1 Section 5 that states;
Section 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
This schism between Johnson and Congress escalated to the point where Congress was finally fed up with what they considered an out of control President and declared their version of Reconstruction;
In early 1866, Congressional Radical Republicans, appalled by mass killing of ex-slaves and adoption of restrictive black codes, the actions of Andrew Johnson, where he took a moderate position similar to Lincoln's on Reconstruction of the South. To the Radical Republicans in Congress, that seemed that Johnson was giving aid and comfort to the Confederate States and their old leadership. In response to those feelings Congress seized control of Reconstruction from President Johnson and began the Radical Reconstruction Period.
Congress denied representatives elected under Johnson's reconstruction rules for the former Confederate States their Congressional seats. It passed the Civil Rights Act of 1866, Extended the Freedmen's Bureau, Declared that confederate leaders were ineligible to hold political office in state or Federal positions, and wrote the 14th Amendment to the Constitution, extending citizenship rights to African Americans and guaranteed them equal protection of the laws. In 1867, Congress overrode a presidential veto in order to pass an act that divided the South into Military Districts that placed the former Confederate states under martial law pending their adoption of state constitutions guaranteeing civil liberties to former slaves. That also meant the Southern States that had participated in Rebellion were stripped of their Statehood to become only territories of the United States dividing them into five military districts until they complied with all the Radical Reconstruction Rules. The Confederate States had to rewrite their Constitutions, No Confederate leaders would be allowed to hold State or Federal Office, and the 14th Amendment had to be ratified before the Confederate States would be re-admitted to the Union.
Since the Articles of the original confederation of the perpetual Union and the succeeding US Constitution saw the States as basically Sovereign nations unto themselves but united as one nation, did Congress commit what under the 10th Amendment be considered an Unconstitutional Act? Note this. Anything not expressly granted to the Federal government is reserved for the States or the People. Although this amendment is very liberally interpreted, it is one of the tenets of the Constitution. This amendment is also known as the States' Rights Amendment. So I contend that congress did not have the Constitutional Authority to force the states to lose their statehood, nor did it have the authority to force them to pass the 14th Amendment as a condition to return to statehood.
The 14th Amendment also reduced representation in Congress of any southern state that deprived African Americans of the vote. In 1870, the country went even further by ratifying the Fifteenth Amendment, which gave voting rights to black men. The most radical proposals advanced during Reconstruction--to confiscate plantations and redistribute portions to the freemen--were defeated. It also gave the right to vote to black men in the South three years before the 15th Amendment gave it to all men regardless of Race, Color, or previous Servitude. This also caused Susan B. Anthony to start the Women's suffrage movement when she noted it specified men and ignored women. The schism between Congressional Republicans and the Democratic President Andrew Johnson eventually led Congress to enact laws that restricted presidential powers and prevented him from appointing Supreme Court Justices, restricted his authority over the Army, and forbade him from removing officeholders that were appointed with the advice of the Senate without Senate approval for the removal. This prompted Johnson to test the Tenure of Office act by removing Edwin Stanton and led to his impeachment.