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 16
... defended only by eight army companies, two hundred marines, and the city's militia. If Maryland seceded, the city would become an island in Confederate territory. As the situation in Maryland deteriorated, Washington panicked. Deeply ...
... defended only by eight army companies, two hundred marines, and the city's militia. If Maryland seceded, the city would become an island in Confederate territory. As the situation in Maryland deteriorated, Washington panicked. Deeply ...
Page 18
... defending his actions. Again, we will defer until later chapters any detailed analysis of his arguments. Lincoln ... defended itself, the people of Virginia “allowed this giant insurrection to make its nest within her borders,” again ...
... defending his actions. Again, we will defer until later chapters any detailed analysis of his arguments. Lincoln ... defended itself, the people of Virginia “allowed this giant insurrection to make its nest within her borders,” again ...
Page 19
... defend federal property. He had called up the militia en masse and had instituted the blockade, in effect taking upon himself the responsibility for declaring the existence of a state of war. And he had sharply curtailed individual ...
... defend federal property. He had called up the militia en masse and had instituted the blockade, in effect taking upon himself the responsibility for declaring the existence of a state of war. And he had sharply curtailed individual ...
Page 24
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Page 43
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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