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. |
From inside the book
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... debates as much as we did, as well as providing useful insights of their own. My seminar students at the University of Chicago also contributed greatly to the development of my thinking. The staff of the University of Minnesota law ...
... debates as much as we did, as well as providing useful insights of their own. My seminar students at the University of Chicago also contributed greatly to the development of my thinking. The staff of the University of Minnesota law ...
Page 1
... debates permeated the Civil War era. Unlike geometry problems, these questions can never be answered with absolute certainty. There are no theorems in constitutional law. But some answers are more plausible than others. The tools of ...
... debates permeated the Civil War era. Unlike geometry problems, these questions can never be answered with absolute certainty. There are no theorems in constitutional law. But some answers are more plausible than others. The tools of ...
Page 2
... debates. In short, we need to try to comprehend the history of the period in and of itself, but we should also feel free to go beyond that where a contemporary perspective is illuminating. The constitutional dimensions of the war are ...
... debates. In short, we need to try to comprehend the history of the period in and of itself, but we should also feel free to go beyond that where a contemporary perspective is illuminating. The constitutional dimensions of the war are ...
Page 3
... debate over states' rights and national power waged by men such as John Marshall, John Calhoun, and the aging James ... debates. We must also consider the related problem of whether the federal government was entitled to use force to ...
... debate over states' rights and national power waged by men such as John Marshall, John Calhoun, and the aging James ... debates. We must also consider the related problem of whether the federal government was entitled to use force to ...
Page 4
... debate over executive power. This provides us with a fuller perspective on Lincoln's actions than his contemporaries enjoyed. Chapters 7 and 8 consider the most troubling aspects of the war record—Lincoln's extraordinary use of military ...
... debate over executive power. This provides us with a fuller perspective on Lincoln's actions than his contemporaries enjoyed. Chapters 7 and 8 consider the most troubling aspects of the war record—Lincoln's extraordinary use of military ...
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