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
... war. a house divided Where to start? Perhaps with a sultry night in Washington in 1846, when a previously unknown representative named Wilmot proposed that any territory acquired from Mexico be kept free from slavery. But 8 } Chapter 1.
... war. a house divided Where to start? Perhaps with a sultry night in Washington in 1846, when a previously unknown representative named Wilmot proposed that any territory acquired from Mexico be kept free from slavery. But 8 } Chapter 1.
Page 9
Daniel A. Farber. territory acquired from Mexico be kept free from slavery. But of course, the slavery issue already ... territories was reignited by the war with Mexico. Some, like Wilmot, argued that Congress had the power to forbid ...
Daniel A. Farber. territory acquired from Mexico be kept free from slavery. But of course, the slavery issue already ... territories was reignited by the war with Mexico. Some, like Wilmot, argued that Congress had the power to forbid ...
Page 10
... territory. The Supreme Court was initially ready to dispose of the case on relatively narrow grounds. For reasons ... territories. The case was a true trainwreck. Taney's opinion is widely agreed to be an intellectual disgrace. Because ...
... territory. The Supreme Court was initially ready to dispose of the case on relatively narrow grounds. For reasons ... territories. The case was a true trainwreck. Taney's opinion is widely agreed to be an intellectual disgrace. Because ...
Page 11
Daniel A. Farber. a federal slave code for the territories. Unlike earlier generations of Southerners, typified by ... territory to adopt slavery if they desired, Lincoln declared, “[H]e is in my judgment penetrating the human soul and ...
Daniel A. Farber. a federal slave code for the territories. Unlike earlier generations of Southerners, typified by ... territory to adopt slavery if they desired, Lincoln declared, “[H]e is in my judgment penetrating the human soul and ...
Page 14
... 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 failed, and the federal government had ...
... 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 failed, and the federal government had ...
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