Reconstruction

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Differences between Presidential and Congressional Reconstruction

Summary:

The primary difference between Presidential and Congressional Reconstruction lies in their approaches and leniency. Presidential Reconstruction, led by Presidents Lincoln and Johnson, was more lenient, aiming to quickly reintegrate Southern states with minimal punishment. Conversely, Congressional Reconstruction, driven by Radical Republicans, imposed stricter requirements and protections for former slaves, including military oversight and civil rights legislation, to ensure a more profound transformation of Southern society.

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What was the main difference between Presidential and Congressional Reconstruction?

The primary difference was the degree of amnesty and leniency to be extended to the former Confederacy. President Abraham Lincoln's position was that as President he had the pardon power and the obligation to enforce the law, therefore Reconstruction was up to him. Republican members of Congress disagreed; they said that since Congress was charged under the Constitution with guaranteeing every state a Republican form of government, it had the sole power of reconstructing the South.

As early as April, 1863, even before the war had ended, Lincoln proposed his "ten per cent plan" which called for the states in rebellion to form a new government when ten percent of those eligible to vote in the 1860 election swore and oath of allegiance to the U.S. in exchange for a presidential pardon. Excluded from the plan were former Confederate government military officers and government officials, particularly those who had left federal government posts to join the Confederacy. Lincoln was opposed by a group of Republicans determined to reconstruct the South in the image of the North. They were known as "radical republicans." They pushed through Congress the Wade Davis Bill which provided that the southern states could form a new government only after a majority of male citizens swore an oath of past loyalty to the Union, and any new state constitutions must abolish slavery and repudiate Confederate debt. Lincoln pocket vetoed the measure, so it never became law.

Lincoln was assassinated shortly after the end of the war, and Andrew Johnson's position was somewhat similar to Lincoln's. He said that

there is no such thing as reconstruction; Those states have not gone out of the Union. Therefore, reconstruction is not necessary

He was opposed by two prominent Radical Republicans: Thaddeus Stevens of Pennsylvania who said that the former confederate states were now "conquered provinces," and Charles Sumner of Massachusetts who said that the confederate states had committed political suicide and reverted to the status of unorganized territories.

The controversy continued well into Andrew Johnson's presidency, resulting in a failed attempt to remove him from office. It was complicated by refusal of those in the North and South to consider compromise.

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Compare Presidential Reconstruction to Congressional Reconstruction.

Presidential Reconstruction was the plan implemented by President Andrew Johnson. Possessed of a limited view of the role of the federal government, and above all committed to the idea that the South should remain in white control, Johnson's version of Reconstruction was mild, and generally unconcerned with securing political rights and social equality for the legions of freed African-Americans. In order to gain readmission to the Union, it was only necessary for states to accept the Thirteenth Amendment (thereby agreeing to the end of slavery), to repeal its ordinance of secession, and . Johnson granted pardons to leading Confederates, some of whom were elected to the United States Congress in 1866. He acquiesced in the enaction of "black codes," which legally mandated second-class status for black men and women in the South, in many cases replicating the conditions of slavery itself. In short, Johnson took almost no steps to protect the rights of African-Americans, choosing instead a conciliatory approach to reconstruction. 

Congressional Reconstruction, on the other hand, commenced in late 1866 and 1867, when Congress passed, then repealed Johnson's vetos of, a law that expanded the powers of the Freedman's Bureau and the Civil Rights Act of 1866. They also passed the Fourteenth Amendment, which guaranteed the rights of citizenship to freedmen. They proceeded to pass the Military Reconstruction Acts, which divided the South into military districts governed by Union generals. Led by the so-called Radical Republicans, who controlled the House of Representatives, Congress passed a series of Reconstruction Acts that took control of Reconstruction from the President and from the states, and vested it in Congress. Positive steps were taken to extend the franchise to African-Americans, and the Reconstruction Acts also did not allow former Confederate States back in the Union until they had ratified the Fourteenth Amendment and fulfilled far more stringent requirements.

It should be noted that neither program offered to deal with the economic realities confronting freed slaves, or advocated truly radical reforms like land confiscation. And Congressional Reconstruction eventually faded as public enthusiasm for the project waned in the 1870s. Former Confederates "redeemed" Southern states and installed a harsh new white supremacist (Jim Crow) regime as Reconstruction weakened. But for a time, Republicans in Congress attempted (with some limited, but significant success) to create political equality for African-Americans in the former Confederacy. 

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Compare and contrast presidential and congressional ("Radical") Reconstruction.

There were basically 3 plans for Reconstruction, Lincoln’s plan, Johnson’s plan, and the Radical Republican plan.

Lincoln’s plan was known as the 10% Plan. It was simple. With a few exceptions, Lincoln offered pardons to any Confederate who swore allegiance to the Union and the Constitution.  When the number of people who took an oath of allegiance equaled 10% of the number of voters who participated in the election of 1860, the state would be readmitted to the Union after organizing a new state government which abolished slavery.  Lincoln was assassinated before this plan could be put into effect.

Johnson’s plan was also lenient towards the southern states.  He would grant pardons to anyone taking a loyalty oath to the U.S. except for high ranking Confederate political and military leaders, and people owning property worth more than $20,000. States would be readmitted to the Union once they created a new state government that abolished slavery, repealed the state’s ordinance of secession, and repudiated Confederate debts.  This was put into effect when Congress was in recess.  Johnson’s Plan did not really address the fortunes of newly freed slaves and southern states began to pass “black codes”’ or laws which severely limited the civil rights of freedmen. When Congress reconvened, it refused to recognize Johnson’s plan by refusing to seat any person elected to Congress from any former Confederate state. It then began to pass its own laws concerning the southern states.

The Congressional Plan, or Radical Republican Plan, was meant to aid newly freed slaves (known as freedmen) and to punish the South.  It first passed several laws helping newly freed slaves, such as The Civil Rights Act (whose provisions would later be found in the 14th Amendment).  It also extended the life of the Freedmen’s Bureau.  It then passed a series of laws known as The Reconstruction Acts.  These laws were vetoed by Johnson, but the vetoes were easily overridden and these laws were put into effect.  The Reconstruction Acts basically divided the South into 5 military districts with the military commander of the district given complete authority.  No state would be allowed back into the Union until it ratified the 14th Amendment and guaranteed the right to vote for African American men. And later, for some states, the 15th Amendment had to be ratified, too.  The 14th Amendment punished Confederate supporters and gave citizenship to former slaves.  It also said that no state could deny to anyone, including African Americans, the equal protection of the law and due process of law.  The 15th amendment stated that the right to vote could not be denied on the basis of race.  Eventually all states were readmitted under this plan.

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Compare and contrast wartime, presidential, and congressional ("Radical") Reconstruction.

Wartime Presidential reconstruction was represented by President Lincoln's "ten per cent plan," issued in 1863 which provided that new state governments could be formed when ten per cent of voters in the 1860 election pledged loyalty to the Union, and received a general amnesty. He excluded former Confederate generals and government officials, as well as those who left federal government positions to join the Confederacy. Congress responded with the Wade-Davis Bill which required a loyalty oath of a majority of those eligible to vote, and those serving in state constitutional conventions must swear to "past loyalty" to the Union. New state constitutions were required to abolish slavery, not allow former Confederate officials to hold office, and repudiate any debt from the Confederacy. Lincoln's plan died with him; the Wade Davis Bill died earlier when Lincoln pocket vetoed it.

After the war, true "Radical" reconstruction became the order of the day. The Military Reconstruction Act divided the south into military districts with a military commander as its chief executive. The commander would determine who could serve on state constitutional conventions, and ratification of the 14th Amendment to the U.S. Constitution was a condition of acceptance.

The Military Reconstruction Act was vetoed by President Andrew Johnson, but Congress overrode the veto. Johnson's plan for reconstruction was similar to Lincoln's but it was blocked by Congressional Republicans.  

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