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 1
... congressional prerogatives, and individual rights versus national security. The Civil War gives us the opportunity to probe these issues where they were presented most starkly. Conversely, constitutional analysis may help provide a ...
... congressional prerogatives, and individual rights versus national security. The Civil War gives us the opportunity to probe these issues where they were presented most starkly. Conversely, constitutional analysis may help provide a ...
Page 14
... congressional interference. Congress approved an amendment that would forbid any future interference with slavery in the states. Northerners such as Lincoln were willing to go along with this amendment because they thought it did little ...
... congressional interference. Congress approved an amendment that would forbid any future interference with slavery in the states. Northerners such as Lincoln were willing to go along with this amendment because they thought it did little ...
Page 18
... congressional authorization, which he hoped would be forthcoming after the fact. Lincoln then devoted some effort to defending his power to suspend habeas corpus, responding to Taney without naming him. The Constitution did not clearly ...
... congressional authorization, which he hoped would be forthcoming after the fact. Lincoln then devoted some effort to defending his power to suspend habeas corpus, responding to Taney without naming him. The Constitution did not clearly ...
Page 19
... congressional participation. This seemed more like autocracy than constitutional democracy. Lincoln's formidable exercise of executive power did not end when Congress came back into session. It continued throughout the war. In terms of ...
... congressional participation. This seemed more like autocracy than constitutional democracy. Lincoln's formidable exercise of executive power did not end when Congress came back into session. It continued throughout the war. In terms of ...
Page 24
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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