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 8
... slavery and states' rights. These constitutional disputes had bedeviled the nation since the beginning. Sumter also began a military struggle that raised constitutional issues of its own. Our emphasis will be on the legal issues rather ...
... slavery and states' rights. These constitutional disputes had bedeviled the nation since the beginning. Sumter also began a military struggle that raised constitutional issues of its own. Our emphasis will be on the legal issues rather ...
Page 9
... slave trade in the District of Columbia. For the South, it strengthened the Fugitive Slave Act and created the New Mexico and Utah territories without the Wilmot Proviso. The slavery issue had been safely settled.5 Or so it seemed. The ...
... slave trade in the District of Columbia. For the South, it strengthened the Fugitive Slave Act and created the New Mexico and Utah territories without the Wilmot Proviso. The slavery issue had been safely settled.5 Or so it seemed. The ...
Page 10
... Southerners insisted that federal neutrality on the slavery issue was not enough. They called for active federal support, taking the form of a federal slave code for the territories. Unlike earlier generations 10 } Chapter 1.
... Southerners insisted that federal neutrality on the slavery issue was not enough. They called for active federal support, taking the form of a federal slave code for the territories. Unlike earlier generations 10 } Chapter 1.
Page 11
... slavery issue as an intolerable insult, as was Northern resistance to the Fugitive Slave Act. Fearful that Northern agitation would appeal to nonslaveholding Southerners and perhaps even goad the slaves to revolt, they demanded that the ...
... slavery issue as an intolerable insult, as was Northern resistance to the Fugitive Slave Act. Fearful that Northern agitation would appeal to nonslaveholding Southerners and perhaps even goad the slaves to revolt, they demanded that the ...
Page 12
... slavery could be tolerated.14 The end of the 1850s found the nation poised on the brink of disaster. The Democratic party was shattered by Southern demands that the party repudiate popular sovereignty and endorse a slave code. The ...
... slavery could be tolerated.14 The end of the 1850s found the nation poised on the brink of disaster. The Democratic party was shattered by Southern demands that the party repudiate popular sovereignty and endorse a slave code. The ...
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