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Worst US Presidents by Constitution Violations

Throughout American history, the presidency has reflected broader constitutional debates and tensions. Examining these presidencies offers insight into how leadership choices can shape the nation's trajectory, particularly when they intersect with the enduring principles enshrined in the Constitution.

1. James Buchanan's Inaction

James Buchanan's presidency is often criticized for his hesitance during a turbulent period in U.S. history. As tensions over slavery heightened the national divide, Buchanan's reluctance to challenge its expansion and failure to address the growing secessionist movement left the nation vulnerable to disunion. His adherence to the doctrine of states' rights rather than utilizing executive power to counteract the rising threat to the Constitution contributed to the unfolding crisis that led to the Civil War. This passive stance is viewed as a failure to uphold the Constitution's principles, proving detrimental to the nation's unity.

James Buchanan looking hesitant in the Oval Office while maps of seceding states are visible

2. Andrew Johnson's Reconstruction Reforms Rejection

Andrew Johnson, who assumed the presidency following Lincoln's assassination, resisted essential Reconstruction reforms designed to reshape the nation post-Civil War. Johnson's commitment to states' rights often clashed with the Radical Republicans intent on protecting the freedoms of emancipated African Americans. He opposed the 14th Amendment, which aimed to grant citizenship and equal protection under the law to all persons born or naturalized in the United States.

Johnson utilized his presidential powers to veto Reconstruction legislation, which he viewed as overstepping federal boundaries. His actions reflected skepticism toward federal intervention in states' affairs but appeared to contradict the Constitution's promise of liberty and justice for all citizens. This resistance hampered the progress intended by the post-war amendments and set back efforts to fully integrate and protect former slaves as equal citizens. Johnson's presidency exemplifies the challenges in balancing state sovereignty with national responsibility to protect civil rights.

Andrew Johnson dramatically vetoing Reconstruction legislation in the White House

3. Franklin Pierce and the Kansas-Nebraska Act

Franklin Pierce's support of the Kansas-Nebraska Act significantly affected the pre-Civil War landscape. This legislation nullified the Missouri Compromise by granting territories the power to determine the legality of slavery within their borders through popular sovereignty. Pierce's endorsement exacerbated sectional tensions and provoked widespread controversy.

The Kansas-Nebraska Act challenged principles established by the Missouri Compromise, which sought to maintain a balance between free and slave states. Pierce's stance, prioritizing states' rights and self-determination, raised questions about the federal government's role in limiting the spread of slavery in new territories. This move undermined the Constitution's attempt to find a middle ground, heightening regional animosities and paving the way for conflicts like "Bleeding Kansas."

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Pierce's presidency is marked by a significant erosion of national unity, as his policies underscored the difficulties in reconciling differing regional interests within the constitutional framework.

4. Millard Fillmore's Compromise of 1850

Millard Fillmore played a pivotal role in enacting the Compromise of 1850, which aimed to quell growing divisions between the North and South over slavery. The Fugitive Slave Act, a contentious element of this compromise, mandated that escaped slaves be returned to their owners, even if they had reached free states.

The Fugitive Slave Act challenged notions of liberty and justice held in Northern states, raising constitutional questions regarding individual rights and states' autonomy. Critics argued that it infringed upon personal liberties by compelling citizens to act against their moral beliefs, testing the limits of federal power.

Fillmore's support for this compromise, driven by a desire to preserve the Union, inadvertently intensified sectional tensions. By prioritizing short-term stability over constitutional principles of liberty and justice, Fillmore's legacy underscores the complexities of governance in a nation divided by deeply entrenched moral and political convictions.

Millard Fillmore conflicted while signing the Fugitive Slave Act with symbols of North and South divided

5. John Tyler's Disregard for Party Policy

John Tyler's presidency highlighted a constitutional tension between the executive branch's duty to govern and its obligation to uphold party ideology. Despite his affiliation with the Whig Party, Tyler diverged significantly from its platform, vetoing numerous bills backed by the Whig-dominated Congress. He justified his actions by emphasizing his constitutional interpretations, which occasionally clashed with Whig policies.

This defiance led to Tyler's expulsion from the Whig Party, rendering him a president without a partyโ€”a rare situation. His presidency raises questions about the extent to which a president should adhere to party lines versus exercising personal judgment for perceived national welfare. Tyler's independent stance was seen as both a challenge to party unity and a demonstration of executive autonomy, commenting on the balance between adhering to party mandates and acting in the nation's best interests.

John Tyler standing alone outside the White House as Whig Party members turn their backs

6. Warren G. Harding and Administrative Scandals

Warren G. Harding's presidency is often overshadowed by administrative scandals, most notably the Teapot Dome Scandal. This misuse of government authority for personal gain highlighted vulnerabilities within the executive branch, underscoring the necessity for robust oversight mechanisms to prevent the abuse of power.

From a constitutional perspective, Harding's administration demonstrates the importance of maintaining vigilance against corruption within government ranks. The scandal underscored the critical function of congressional oversight and independent judicial inquiry in upholding the principles of transparency and accountability laid out by the Constitution.

Harding's presidency remains a reminder that the strength of the American constitutional republic depends on the moral fortitude of those entrusted with its implementation. The scandals during his tenure reaffirmed the necessity for a vigilant check on executive power to safeguard democracy's core principles.

Warren G. Harding looking worried as shadowy figures exchange money behind his back

7. Herbert Hoover's Great Depression Inaction

Herbert Hoover's handling of the Great Depression is often critiqued for its adherence to conservative principles of limited government intervention. Hoover's reluctance to provide direct relief to suffering citizens arose from a belief that government aid would undermine individual initiative and self-reliance. Instead, he advocated for voluntary partnerships between government and business, relying on the private sector to lead recovery efforts.

From a constitutional perspective, his policies sparked debate about the federal government's responsibility to act in times of national crisis. Critics argue that Hoover's inaction contradicted the spirit of the Constitution by failing to adequately address the public's urgent needs, thus exacerbating economic disparity and social unrest.

Hoover's tenure illustrates the importance of adaptable leadership in interpreting constitutional responsibilities in light of contemporary challenges. His legacy underscores the need for proactive measures to uphold the welfare provisions enshrined in the Constitution, serving as a critical lesson in the necessity of dynamic governance.

Herbert Hoover at his desk ignoring long lines of unemployed people outside the White House

These presidencies demonstrate how crucial it is for leaders to align their actions with constitutional values. While challenges may differ across eras, the core responsibility remains: to uphold and protect the foundational ideals that define this great republic.

  1. Schlesinger A Sr. Rating the presidents: Washington to Clinton. Political Science Quarterly. 1997;112(2):179-190.
  2. C-SPAN. Presidential Historians Survey 2021. C-SPAN.org. 2021.
  3. Eland I. Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty. Independent Institute; 2014.