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Aug 20, 2020 34 min

1876 - Unintended Intended Consequences

from Constitution Thursday Hosted by Dave Bowman

Throughout his Presidency, Hayes battles with Congress became legendary. He believed that an attempt by the Bourbon Democrats to add “riders” to funding bills for the Army, the executive and Judiciary that further eroded voting rights for Black Americans was “revolutionary,” a flat out attempt to undermine the Constitution and the rob the Republican Party of it’s most treasured legacy – ending slavery. Among the Congressmen who stood by him were two of particular note. Though he had long before fallen out with the President, now-Senator Roscoe Conklin (R-NY) was bombastic about what the Bourbon Democrats were attempting to do. In the House of Representatives, a thoughtful measured and decorated Union General from Illinois galvanized opposition to the Democrat’s efforts. In a speech which garnered national attention, James A. Garfield (R-IL) said: “… if the President, in the discharge of his duty, shall exercise his plain constitutional right to refuse his consent to this proposed legislation, the Congress will so use its voluntary powers as to destroy the government. This is the proposition… we confront; and we denounce it as revolution.” His stand with the President brought him to the attention of Republicans, who in 1880, on the 36th ballot nominated him for President. In another very close election, Garfield would take the popular vote by a mere 0.11%, although things were a bit more lopsided (214-155) in the Electoral College. Garfield wanted to continue the stalled reformation of the Civil Service, and eliminate the “Spoils System” which had corrupted the government’s Civil Service system. Senator Conklin nearly came unglued over Garfield’s refusal to continue to the system and there as much speculation that his handpicked Vice-President, Chester A. Arthur, would be more agreeable to the old ways. The problem was, Arthur wasn’t the President, Garfield was. Until a disgruntled Republican Office seeker decided to change things…

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