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 9
... party as a national institution, taking Stephen Douglas along with it. It also created the Republicans as a sectional party, ultimately leading to Lincoln's election. The combined effect was to produce Lincoln's election and the ...
... party as a national institution, taking Stephen Douglas along with it. It also created the Republicans as a sectional party, ultimately leading to Lincoln's election. The combined effect was to produce Lincoln's election and the ...
Page 10
... party in the North, thereby strengthening the emerging Republican party.8 Third, the Supreme Court made its own disastrous miscalculation in the Dred Scottcase. Dred Scott v. Sandford began as a relatively simple dispute over Scott's ...
... party in the North, thereby strengthening the emerging Republican party.8 Third, the Supreme Court made its own disastrous miscalculation in the Dred Scottcase. Dred Scott v. Sandford began as a relatively simple dispute over Scott's ...
Page 12
... party was shattered by Southern demands that the party repudiate popular sovereignty and endorse a slave code. The Republicans had a strong base of support in the North. By nominating a moderate “westerner” like Lincoln, they could pick ...
... party was shattered by Southern demands that the party repudiate popular sovereignty and endorse a slave code. The Republicans had a strong base of support in the North. By nominating a moderate “westerner” like Lincoln, they could pick ...
Page 14
... party. The compromise effort foundered as a result.20 As the Buchanan administration ended, Major Anderson was in Sumter, compromise efforts had failed, and the federal government had yet to take a strong stance. Because of a possible ...
... party. The compromise effort foundered as a result.20 As the Buchanan administration ended, Major Anderson was in Sumter, compromise efforts had failed, and the federal government had yet to take a strong stance. Because of a possible ...
Page 15
... party. He led a cabinet containing several men of greater national stature than his own. Lincoln had no experience as an administrator and only two years of experience in Washington as a member of the House. He was facing the greatest ...
... party. He led a cabinet containing several men of greater national stature than his own. Lincoln had no experience as an administrator and only two years of experience in Washington as a member of the House. He was facing the greatest ...
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