Constitutional Problems Under Lincoln
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| Author | : J. G. Randall |
| Publisher | : Legare Street Press |
| Total Pages | : 0 |
| Release | : 2022-10-26 |
| Genre | : History |
| ISBN | : 9781015529892 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
| Author | : Noah Feldman |
| Publisher | : Farrar, Straus and Giroux |
| Total Pages | : 236 |
| Release | : 2021-11-02 |
| Genre | : History |
| ISBN | : 0374720878 |
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
| Author | : Daniel A. Farber |
| Publisher | : University of Chicago Press |
| Total Pages | : 251 |
| Release | : 2011-04-08 |
| Genre | : Law |
| ISBN | : 0226237958 |
In 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.
| Author | : Michael F. Conlin |
| Publisher | : Cambridge University Press |
| Total Pages | : 351 |
| Release | : 2019-07-18 |
| Genre | : History |
| ISBN | : 1108495273 |
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
| Author | : Mark E. Neely Jr. |
| Publisher | : Oxford University Press |
| Total Pages | : 297 |
| Release | : 1992-08-20 |
| Genre | : History |
| ISBN | : 0199923485 |
If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.
| Author | : Jonathan W. White |
| Publisher | : LSU Press |
| Total Pages | : 216 |
| Release | : 2011-11-07 |
| Genre | : Biography & Autobiography |
| ISBN | : 0807142158 |
In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
| Author | : Thomas J. Dilorenzo |
| Publisher | : Forum Books |
| Total Pages | : 386 |
| Release | : 2009-02-19 |
| Genre | : History |
| ISBN | : 0307559386 |
A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War Most Americans consider Abraham Lincoln to be the greatest president in history. His legend as the Great Emancipator has grown to mythic proportions as hundreds of books, a national holiday, and a monument in Washington, D.C., extol his heroism and martyrdom. But what if most everything you knew about Lincoln were false? What if, instead of an American hero who sought to free the slaves, Lincoln were in fact a calculating politician who waged the bloodiest war in american history in order to build an empire that rivaled Great Britain's? In The Real Lincoln, author Thomas J. DiLorenzo uncovers a side of Lincoln not told in many history books--and overshadowed by the immense Lincoln legend. Through extensive research and meticulous documentation, DiLorenzo portrays the sixteenth president as a man who devoted his political career to revolutionizing the American form of government from one that was very limited in scope and highly decentralized—as the Founding Fathers intended—to a highly centralized, activist state. Standing in his way, however, was the South, with its independent states, its resistance to the national government, and its reliance on unfettered free trade. To accomplish his goals, Lincoln subverted the Constitution, trampled states' rights, and launched a devastating Civil War, whose wounds haunt us still. According to this provacative book, 600,000 American soldiers did not die for the honorable cause of ending slavery but for the dubious agenda of sacrificing the independence of the states to the supremacy of the federal government, which has been tightening its vise grip on our republic to this very day. In The Real Lincoln, you will discover a side of Lincoln that you were probably never taught in school—a side that calls into question the very myths that surround him and helps explain the true origins of a bloody, and perhaps, unnecessary war.
| Author | : Mark A. Graber |
| Publisher | : Cambridge University Press |
| Total Pages | : 300 |
| Release | : 2006-07-03 |
| Genre | : History |
| ISBN | : 9781139457071 |
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
| Author | : Thomas J. DiLorenzo |
| Publisher | : Simon and Schuster |
| Total Pages | : 173 |
| Release | : 2020-07-07 |
| Genre | : History |
| ISBN | : 1684510686 |
The Problem with Lincoln Abraham Lincoln was widely and deeply unpopular during his presidency. And for good reason. He overturned our original constitutional order, violated the rights of Americans both North and South, massively inflated the federal government, and plunged the nation into a wholly unnecessary war. Why? Not to free the slaves, as his hagiographers would have you believe, but out of personal ambition, greed for power, and, incidentally, to enrich the railroad interests that supported his political career. Court historians have turned King Lincoln into a secular saint, but what did Abraham Lincoln’s contemporaries know that has been forgotten or covered up? Bestselling author Thomas J. DiLorenzo debunks the pious myths to reveal the real Lincoln. In The Problem with Lincoln, you’ll learn: Why Lincoln was willing to accept a constitutional amendment guaranteeing slavery forever Why no American in 1861, Northerner or Southerner, believed that Lincoln had invaded the South to emancipate the slaves Why secession doesn’t fit the Constitution’s definition of treason—but Lincoln’s war on the South does Lincoln’s greatest failure: not ending slavery peacefully, as the rest of the world managed to do If you want the unvarnished truth about our sixteenth president, read The Problem with Lincoln.
| Author | : Paul D. Moreno |
| Publisher | : |
| Total Pages | : 288 |
| Release | : 2022 |
| Genre | : HISTORY |
| ISBN | : 9780823291250 |
The irreducibly constitutional nature of the Civil War's prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The contributors examine key constitutional developments leading up to the war, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the war and Reconstruction endured in the late nineteenth and early twentieth centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington's conception of the Union and his fears for its future to Martin Van Buren's state-centered, anti-secessionist federalism; from Lincoln's approach to citizenship for African Americans to Woodrow Wilson's attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the war and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.
