Question
Here is the question : IN 1866, CONGRESS VOTED TO REMOVE THREE JUSTICES DURING WHOSE TERM?
Option
Here is the option for the question :
- James Buchanon
- John Quincy Adams
- Andrew Johnson
- Rutherford B. Hayes
The Answer:
And, the answer for the the question is :
Explanation:
Despite the fact that the number of Supreme Court judges has remained at nine for more than a century, Congress does have the power to alter it. One of the most significant adjustments occurred in 1866 when Congress reduced the number of judges on the court from 10 to 7 in an effort to curtail the authority of President Andrew Johnson. Edwin M. Stanton’s removal from his position as secretary of war by Johnson had enraged Congress, who saw it as an abuse of power.

In 1866, during a tumultuous period in American history, Congress made the unprecedented decision to remove three Supreme Court justices from their positions. This momentous event took place during the presidency of Andrew Johnson, who was embroiled in a bitter political struggle with Congress over the course of Reconstruction following the Civil War. The removal of the justices during Johnson’s term had far-reaching implications for the balance of power between the executive and legislative branches of government and demonstrated the intense political divisions of the era.
The year 1866 was marked by a deeply divided nation grappling with the aftermath of the Civil War and the process of reintegrating the Southern states into the Union. President Andrew Johnson, who assumed office after the assassination of Abraham Lincoln in 1865, clashed with Congress over differing visions for Reconstruction. Johnson favored a lenient approach towards the Southern states, seeking a quick restoration of their full rights and limited federal intervention. However, many in Congress, known as Radical Republicans, advocated for a more stringent approach that prioritized civil rights for former slaves and a more thorough restructuring of Southern society.
The political tensions between Johnson and Congress escalated as clashes over policy and ideology intensified. In an effort to assert their authority and challenge the president’s power, Congress passed the Judiciary Act of 1866. This act aimed to limit the influence of the executive branch on the Supreme Court by reducing the number of justices from ten to seven. The intent was to prevent Johnson from appointing any new justices and thus maintain the Court’s balance of power.
The Judiciary Act of 1866 targeted three justices in particular: Samuel Nelson, Robert C. Grier, and Nathan Clifford. These justices, who were considered more sympathetic to Johnson’s views, were chosen for removal to tip the ideological balance of the Court in favor of Congress. The act effectively reduced the Court’s size to seven justices, with the goal of preventing Johnson from appointing any new justices who might align with his policies.
The removal of the three justices was a highly controversial move that sparked fierce debate and legal challenges. Critics argued that Congress was overstepping its constitutional authority by interfering with the independence of the judiciary. They contended that the Judiciary Act of 1866 violated the principle of separation of powers enshrined in the Constitution and undermined the integrity of the Supreme Court as a coequal branch of government.
The legal challenges to the removal of the justices reached the Supreme Court itself in the case of Ex parte McCardle. However, before the Court could render a decision, Congress passed the Habeas Corpus Act of 1867, which effectively stripped the Court of its jurisdiction over the case. The act was seen as a direct response to the legal challenge and an assertion of Congress’s authority over the Court.
The removal of the three justices during Johnson’s term had a lasting impact on the Supreme Court and the balance of power between the branches of government. The reduction in the number of justices altered the Court’s composition and limited Johnson’s ability to shape the Court’s ideology. Furthermore, it demonstrated the extent to which political tensions and power struggles could influence the functioning of the judiciary.
The events of 1866 revealed the deep divisions and political turmoil that characterized the era of Reconstruction. The clash between Johnson and Congress over the fate of the Southern states, civil rights, and the balance of power ultimately shaped the trajectory of American history. The removal of the three justices during Johnson’s term stands as a stark reminder of the challenges faced by the nation as it sought to heal from the wounds of the Civil War and redefine its path forward.
in 1866, Congress voted to remove three Supreme Court justices during the presidency of Andrew Johnson. This unprecedented move was a reflection of the intense political divisions and power struggles of the era. The removal of the justices altered the balance of power on the Court and demonstrated the extent to which political tensions could influence the functioning of the judiciary. The events of 1866 left a lasting impact on the Supreme Court and the course of Reconstruction, highlighting the complex and contentious nature of American politics during that time.