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Georgia v. Stanton


GEORGIA V. STANTON. The United States Supreme Court in Mississippi v. Johnson (1867) refused to enjoin President Andrew Johnson from enforcing the Military Reconstruction Acts of 1867 on the grounds that it was a discretionary executive responsibility. Georgia sought similarly to enjoin Secretary of War Edwin M. Stanton. In Georgia v. Stanton, 6 Wallace (73 U. S.) 50 (1868), the Court again denied relief, on the grounds that it lacked jurisdiction to resolve a political question like that. In Mississippi v. Stanton (1868), an unreported decision, the justices by a vote of 4 to 4 rejected injunctive relief based on a theory of interference with private property rights. In these decisions the Court rebuffed constitutional challenges to congressional Republican Reconstruction.


Fairman, Charles. Reconstruction and Reunion, 1864–88. Part I. New York: Macmillan, 1971.

Kutler, Stanley I. Judicial Power and Reconstruction Politics. Chicago: University of Chicago Press, 1968.

William M.Wiecek

See alsoMississippi v. Johnson ; Reconstruction .

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