In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
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Abraham Lincoln Allan Nevins Amendment American argued argument army arrest Articles of Confederation authority blockade Buchanan Calhoun chapter Civil civilians claim compact theory Congress congressional constitutional issues convention debate decisions declared defend disputes Dred Scott enforcement executive power existence federal courts federal government federal law federal power Federalist Federalist Papers force Framers habeas corpus Hamilton Ibid independent individual insurrection James Madison Jefferson Jefferson Davis judges judicial supremacy jurisdiction Justice Law Review legislative legislature Lincoln Lincoln’s actions majority Marshall martial law ment Merryman military trials militia national government Nevins North nullification officers opinion party political president presidential power proclamation protect question ratified Republican Resolutions rule of law secede secession slave slavery South Carolina Southern sovereign sovereignty speech statute Sumter supremacy clause Supreme Court suspend habeas suspension Taney tariff Term Limits territory tion tional U.S. Term Limits Union United vesting clause violated Virginia writ York