The Amnesty Act of 1872 is a United States federal law passed on May 22, 1872, which removed most of the penalties imposed on former Confederates by the Fourteenth Amendment, adopted on July 9, 1868. Section 3 of the Fourteenth Amendment prohibits the election or appointment to any federal or state office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or treason. However, the section provides that a two-thirds vote by each House of the Congress could override this limitation. The 1872 act was passed by the 42nd United States Congress and the original restrictive Act was passed by the United States Congress in May 1866.[4]
Specifically, the 1872 Act removed office-holding disqualifications against most of the secessionists who rebelled in the American Civil War, except for "Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States."[5]
In the spirit of the act, then United States President Ulysses S. Grant, by proclamation dated June 1, 1872, directed all district attorneys having charge of proceedings and prosecutions against those who had been disqualified by the Fourteenth Amendment to dismiss and discontinue them, except as to persons who fall within the exceptions named in the act.[5] President Grant also pardoned all but 500 former top Confederate leaders.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each house concurring therein), that all political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.[6]
Legacy
The Amnesty Act of 1872 states that all political disabilities imposed by the Fourteenth Amendment "are hereby removed," but does not explicitly mention whether future disabilities under the same amendment are also to be considered removed. In March 2022, in the aftermath of the January 6 US Capitol attack, the US District Court for the Eastern District of North Carolina ruled that the Act applies even to current members of Congress, automatically removing the political consequences of any alleged violation of Section 3.[7] The United States Court of Appeals for the Fourth Circuit unanimously reversed that ruling.[8][9] A different federal district court ruled that the Act does not apply to current members of Congress, and that Section 3 is still applicable.[10] The plaintiff's appeal to the United States Court of Appeals for the Eleventh Circuit was dismissed as moot after it was determined that she had not violated Section 3.[11]
↑ Cawthorn v. Amalfi,35F.4th245, 248(4th Cir.2022)("Consistent with the statutory text and context, we hold that the 1872 Amnesty Act removed the Fourteenth Amendment's eligibility bar only for those whose constitutionally wrongful acts occurred before its enactment.").
The Fourteenth Amendment to 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 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, Bush v. Gore (2000) regarding 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 Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Sixteenth Amendment to the United States Constitution allows Congress to levy an income tax without apportioning it among the states on the basis of population. It was passed by Congress in 1909 in response to the 1895 Supreme Court case of Pollock v. Farmers' Loan & Trust Co. The Sixteenth Amendment was ratified by the requisite number of states on February 3, 1913, and effectively overruled the Supreme Court's ruling in Pollock.
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI.
Brushaber v. Union Pacific Railroad Co., 240 U.S. 1 (1916), was a landmark United States Supreme Court case in which the Court upheld the validity of a tax statute called the Revenue Act of 1913, also known as the Tariff Act, Ch. 16, 38 Stat. 166, enacted pursuant to Article I, section 8, clause 1 of, and the Sixteenth Amendment to, the United States Constitution, allowing a federal income tax. The Sixteenth Amendment had been ratified earlier in 1913. The Revenue Act of 1913 imposed income taxes that were not apportioned among the states according to each state's population.
United States v. Morrison, 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause. Along with United States v. Lopez (1995), it was part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause.
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the United States Constitution. The Supreme Court decided that Title I of the Americans with Disabilities Act was unconstitutional, insofar as it allowed states to be sued by private citizens for money damages.
Sion Hart Rogers was a U.S. Congressman and Attorney General of North Carolina.
The 39th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from March 4, 1865, to March 4, 1867, during Abraham Lincoln's final month as president, and the first two years of the administration of his successor, Andrew Johnson.
Near the end of the American Civil War, the Ironclad Oath was an oath promoted by Radical Republicans that required federal employees, lawyers, and federal elected officials to swear upon entry of office that they had never supported the Confederacy. The first such law adopted by Congress was in 1862, which attempted to make the oath a requirement for the incoming members of the 38th United States Congress to take the oath. In 1863, President Abraham Lincoln proposed the Ten percent plan, which suggested that a state in rebellion could be reintegrated if a similar oath, with an additional pledge to abide by the nationwide abolition of slavery, was taken by 10% of its voters. Congress then attempted to raise this to 51% of voters in the Wade–Davis Bill of 1864, which Lincoln pocket vetoed because he thought it was too harsh. After the assassination of Lincoln in 1865, his successor, Andrew Johnson, opposed the oath altogether. Given the temporary disenfranchisement of the numerous Confederate veterans and local civic leaders, a new Republican biracial coalition came to power in the eleven Southern states during Reconstruction. Southern conservative Democrats were angered to have been disenfranchised.
Kimel v. Florida Board of Regents, 528 U.S. 62 (2000), was a US Supreme Court case that determined that the US Congress's enforcement powers under the Fourteenth Amendment to the US Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment over complaints of discrimination that is rationally based on age.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states:
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.
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