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
... gives us the opportunity to probe these issues where they were presented most starkly. Conversely, constitutional analysis may help provide a perspective on the historical events. Intense constitutional debates permeated the Civil War ...
... gives us the opportunity to probe these issues where they were presented most starkly. Conversely, constitutional analysis may help provide a perspective on the historical events. Intense constitutional debates permeated the Civil War ...
Page 13
... give way. He was further hampered by his lame-duck status during the secession crisis.18 Buchanan's view was that secession was unconstitutional, but that the federal government could not constitutionally coerce states to remain in the ...
... give way. He was further hampered by his lame-duck status during the secession crisis.18 Buchanan's view was that secession was unconstitutional, but that the federal government could not constitutionally coerce states to remain in the ...
Page 14
... give way on the issue of slavery in the territories, which was the central tenet of their party. The compromise effort foundered as a result.20 As the Buchanan administration ended, Major Anderson was in Sumter, compromise efforts had ...
... give way on the issue of slavery in the territories, which was the central tenet of their party. The compromise effort foundered as a result.20 As the Buchanan administration ended, Major Anderson was in Sumter, compromise efforts had ...
Page 37
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Page 41
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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