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
Results 1-5 of 37
Page 8
... habeas corpus and instituting military trials. Lincoln himself had asked, “Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?” It was not irrational to fear ...
... habeas corpus and instituting military trials. Lincoln himself had asked, “Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?” It was not irrational to fear ...
Page 17
... habeas corpus anywhere necessary between Philadelphia and Washington. The order became the subject of a famous opinion by Chief Justice Taney, prompted by an arrest about a month later. After the worst part of the crisis was over ...
... habeas corpus anywhere necessary between Philadelphia and Washington. The order became the subject of a famous opinion by Chief Justice Taney, prompted by an arrest about a month later. After the worst part of the crisis was over ...
Page 18
... habeas corpus, responding to Taney without naming him. The Constitution did not clearly vest this power solely in Congress, he maintained. And even if his suspension of habeaswasillegal, he argued, that action would still have been ...
... habeas corpus, responding to Taney without naming him. The Constitution did not clearly vest this power solely in Congress, he maintained. And even if his suspension of habeaswasillegal, he argued, that action would still have been ...
Page 19
... habeas corpus, again without 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 ...
... habeas corpus, again without 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 ...
Page 24
You have reached your viewing limit for this book.
You have reached your viewing limit for this book.
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 |
Other editions - View all
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