Lincoln's ConstitutionIn 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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Page 9
... Union had led to a crisis, ending with the compromise solution of limiting future expansion of slavery north of a line drawn at thirty-six degrees, thirty minutes. The battle over the extension of slavery to new territories was ...
... Union had led to a crisis, ending with the compromise solution of limiting future expansion of slavery north of a line drawn at thirty-six degrees, thirty minutes. The battle over the extension of slavery to new territories was ...
Page 12
... South, the reaction to Lincoln's election was immediate. Even before the results were in, Southern fire-eaters had warned that Lincoln's election would dissolve the Union. The governor of South Carolina 12 } Chapter 1.
... South, the reaction to Lincoln's election was immediate. Even before the results were in, Southern fire-eaters had warned that Lincoln's election would dissolve the Union. The governor of South Carolina 12 } Chapter 1.
Page 13
... Union. At most, the federal government could use force only to protect its own property. If an immediate explosion could be prevented, he hoped that he could eventually defuse the crisis. These views were not well received by ...
... Union. At most, the federal government could use force only to protect its own property. If an immediate explosion could be prevented, he hoped that he could eventually defuse the crisis. These views were not well received by ...
Page 14
... Union, when again touched, as surely they will be, by the better angels of our nature.”22 Despite what seems now to be its measured tone, the speech was not well received in the South. It was denounced as a call to arms against the ...
... Union, when again touched, as surely they will be, by the better angels of our nature.”22 Despite what seems now to be its measured tone, the speech was not well received in the South. It was denounced as a call to arms against the ...
Page 16
... Union.26 Seventy-five thousand men were not nearly enough, but the government could barely handle that number. Small ... Union governor gave in. He telegraphed Lincoln to send no more troops—and much worse, he allowed the destruction of ...
... Union.26 Seventy-five thousand men were not nearly enough, but the government could barely handle that number. Small ... Union governor gave in. He telegraphed Lincoln to send no more troops—and much worse, he allowed the destruction of ...
Contents
1 | |
7 | |
Sovereignty | 26 |
The Supreme Law of the Land | 45 |
The Union Forever? | 70 |
The Legitimacy of Coercion | 92 |
Presidential Power | 115 |
Individual Rights | 144 |
The Rule of Law in Dark Times | 176 |
The Lessons of History | 196 |
Notes | 201 |
Index | 235 |
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Common terms and phrases
actions actually allowed Amendment American argued argument army arrest attack authority Buchanan Calhoun called chapter Civil claim clause clear clearly Collected compact Confederate Congress congressional considered Constitution convention crisis danger debate decisions defend duty effect effort emergency enforcement executive exercise existence federal government Federalist final force Framers give given habeas important independent individual interpretation issue James Jefferson judges judicial jurisdiction Justice language later least legislature liberty limited Lincoln Madison majority Marshall martial means ment merely military nature North officers opinion Oxford party political possible president presidential protect question ratified reason remained respect Review rule secede secession seems slave slavery South Southern sovereign sovereignty specific speech statute supremacy Supreme Court suspension territory theory tion trials true understanding Union United University Press violated whole York