[139] The veto, often seen as a key mistake of Johnson's presidency, convinced moderates there was no hope of working with him. Historian Eric Foner, in his volume on Reconstruction, views it as "the most disastrous miscalculation of his political career". According to Stewart, the veto was "for many his defining blunder, setting a tone of perpetual confrontation with Congress that prevailed for the rest of his presidency".[140]
Congress also proposed the Fourteenth Amendment to the states. Written by Trumbull and others, it was sent for ratification by state legislatures in a process in which the president plays no part, though Johnson opposed it. The amendment was designed to put the key provisions of the Civil Rights Act into the Constitution, but also went further. The amendment extended citizenship to every person born in the United States (except Indians on reservations), penalized states that did not give the vote to freedmen, and most importantly, created new federal civil rights that could be protected by federal courts. It also guaranteed that the federal debt would be paid and forbade repayment of Confederate war debts. 