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 3
... arguments for secession and Lincoln's response to those arguments, both of which were rooted in those earlier constitutional debates. We must also consider the related problem of whether the federal government was entitled to use force ...
... arguments for secession and Lincoln's response to those arguments, both of which were rooted in those earlier constitutional debates. We must also consider the related problem of whether the federal government was entitled to use force ...
Page 4
... arguments he made in defense of those actions, and how his words and deeds fit into the context of the times. Thus, most of the book is purely historical. The discussions of modern law are intended to enrich our understanding of Lincoln ...
... arguments he made in defense of those actions, and how his words and deeds fit into the context of the times. Thus, most of the book is purely historical. The discussions of modern law are intended to enrich our understanding of Lincoln ...
Page 10
... arguing that he had become free as a result of his former residence with his master in Illinois and in the Minnesota territory. The Supreme Court was initially ready to dispose of the case on relatively narrow grounds. For reasons that ...
... arguing that he had become free as a result of his former residence with his master in Illinois and in the Minnesota territory. The Supreme Court was initially ready to dispose of the case on relatively narrow grounds. For reasons that ...
Page 14
... arguments in this speech. For now, what is important is his effort to uphold unionism without further inflaming the South. Lincoln denied that secession was authorized by the Constitution or that the South had any moral right to revolt ...
... arguments in this speech. For now, what is important is his effort to uphold unionism without further inflaming the South. Lincoln denied that secession was authorized by the Constitution or that the South had any moral right to revolt ...
Page 18
... arguments. Lincoln described his actions at Sumter as purely defensive, casting the blame for starting the war on the South. Given the unprovoked attack and the threat to legal authority, he said, “[N]o choice was left but to call out ...
... arguments. Lincoln described his actions at Sumter as purely defensive, casting the blame for starting the war on the South. Given the unprovoked attack and the threat to legal authority, he said, “[N]o choice was left but to call out ...
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