BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas by an act of Congress entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," passed the 25th day of June, 1868, it is declared that it is made the duty of the President, within ten days after receiving official information of the ratification by the legislature of either of said States of a proposed amendment to the Constitution known as article fourteen, to issue a proclamation announcing that fact; and Whereas a letter was received this day by the President, which letter, being addressed to the President, bears date of July 16, 1868, and was transmitted by and under the name of William H. Smith, who therein writes himself governor of Alabama, in which letter was inclosed and received at the same time by the President a paper purporting to be a resolution of the senate and house of representatives of the general assembly of the State of Alabama ratifying the said proposed amendment, which paper is attested by the signature of Charles A. Miller, as secretary of state, under a seal purporting to be the seal of the State of Alabama, and bears the date of approval of July 13, 1868, by William H. Smith, as governor of said State: Now, therefore, be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Alabama in the manner hereinbefore set forth. In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereto affixed. Done at the city of Washington, this 20th day of July, A D. 1868, and of the Independence of the United States of America the ninety-third. ANDREW JOHNSON. By the President: WILLIAM H. SEWARD, Secretary of State.
Executive Order 6 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 6—Ratification of the Fourteenth Amendment to the United States Constitution
Executive Brief • At a Glance
⏱️ 2 min read (343 words) •
● In Effect
🎯 Primary Mandate
Be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Alabama in the manner hereinbefore set forth.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Andrew Johnson on July 20, 1868, this order concerns Ratification of the Fourteenth Amendment to the United States Constitution. Be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Alabama in the manner hereinbefore set forth.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
Be it known that I, Andrew Johnson, President of the United States of America, in compliance with and execution of the act of Congress before mentioned, do issue this my proclamation, announcing the fact of the ratification of the said amendment by the legislature of the State of Alabama in the manner hereinbefore set forth.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
🏛️✅ Zone 1 (Maximum Authority)
§
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Madisonian Stance: Concurring (Statutory)
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
343
1,992 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.5
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Andrew Johnson around this period.
Order
Jul 13, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—General Orders: 44
📜 Art. II §2: Commander-in-Chief Supervisory Authority
By direction of the President, Brigadier and Brevet Major-General Irvin McDowell is assigned to the command of the Department of the East. The headquarters of the department will be transferred from Philadelphia to New York City.
Andrew Johnson High School • 1m
Order
Jul 28, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—General Orders: 55
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following orders from the War Department, which have been approved by the President, are published for the information and government of the Army and of all concerned: The commanding generals of the Second, Third, Fourth, and Fifth Military Districts having officially…
Andrew Johnson College Level • 4m
Order
Jun 30, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—General Orders: 33
📜 Art. II §2: Commander-in-Chief Supervisory Authority
By direction of the President of the United States, the following orders are made: I. Brevet Major-General Irvin McDowell is relieved from the command of the Fourth Military District, and will report in person, without delay at the War Department. II.
Andrew Johnson High School • 1m
Order
Jun 3, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order—General Orders: 25
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Executive Departments be immediately placed in mourning and all business be suspended on the day of the funeral. It is further ordered that the War and Navy Departments cause suitable military and naval honors to be paid on this occasion to the memory of the illustrious dead.
Andrew Johnson High School • 1m
Order
Jun 3, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Special Order. NAVY DEPARTMENT The death of ex-President James Buchanan is announced in the following order of the President of the United States: In pursuance of the foregoing order, it is hereby directed that thirty minute guns be fired at each of the navy-yards and naval…
Andrew Johnson Post-Graduate Legal • 1m
Order
Jun 1, 1868
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Major-General John M. Schofield having been appointed, by and with the advice and consent of the Senate, Secretary for the Department of War, is hereby relieved from the command of the First Military District, created by the act of Congress passed March 2, 1867.
Andrew Johnson College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6 (July 20, 1868), https://executiveordersarchive.org/orders/app-executive-order-6-ratification-the-fourteenth-amendment-the-united-states-constitution.
