Many Congressional Republicans believe that the 10 Percent Plan is too lenient since it does nothing to end the economic and political power of the planter class or protect the civil rights of ex-slaves. They also feel that the president has overstepped his authority by issuing a plan for reconstruction without consulting Congress.

Congressional Republicans outline their plan for reconstructing the union. The Wade-Davis Bill requires each state to abolish slavery, repudiate their acts of secession, and refuse to honor wartime debts. It also stipulates that a majority, rather than 10 percent, of voters in 1860 take an oath of allegiance before a state can be reorganized. Finally, it specifies that anyone who wants to vote in a constitutional convention in a former Confederate state must swear that he never voluntarily supported the Confederacy.

Johnson grants immediate amnesty to former Confederates who own less than $20,000 worth of property. Other ex-Confederates may petition him for presidential pardons, which he freely grants. His plan to readmit the former Confederate states requires them to convene conventions to disavow their acts of secession, abolish slavery, and repudiate their war debts.

Despite the failure to fully comply with his provisions for readmission to the Union, President Johnson announces that the Union is restored. But Congress refuses to seat the former Congressional representatives from the former Confederate states.

Fearing that the Supreme Court might declare the Civil Rights Act unconstitutional, Congress proposes the 14th Amendment, which guarantees the citizenship of African Americans. This is necessary because of the Supreme Court's 1857 Dred Scott decision. It also cancels all Confederate debts, prohibits any government from providing compensation for the loss of slaves, and prohibits former Confederate officeholders from holding public office. Although the amendment does not guarantee African Americans the right to vote, it reduces the Congressional representation of states that deny suffrage.

Over President Johnson's veto, Congress adopts a new program for reconstruction. The First Reconstruction Act divides the former Confederate states into five military districts subject to martial law. It requires the ex-Confederate states to ratify the 14th Amendment, adopt new state constitutions disqualifying former Confederate officials from holding public office, and guarantee black men the right to vote.

To prevent the president from obstructing its reconstruction program, Congress passes several laws restricting presidential powers. These include legislation that prevents him from appointing Supreme Court justices and that restricts his authority over the army. The Tenure of Office Act bars him from removing, without Senate approval, officeholders that had been appointed with the advice and consent of the Senate.