Lincoln and the Court

Lincoln and the Court
Author: Brian McGinty
Publisher: Harvard University Press
Total Pages: 384
Release: 2009-07-01
Genre: History
ISBN: 0674040821

In a meticulously researched and engagingly written narrative, Brian McGinty rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict. Lincoln was, more than any other president in the nation's history, a "lawyerly" president, the veteran of thousands of courtroom battles, where victories were won, not by raw strength or superior numbers, but by appeals to reason, citations of precedent, and invocations of justice. He brought his nearly twenty-five years of experience as a practicing lawyer to bear on his presidential duties to nominate Supreme Court justices, preside over a major reorganization of the federal court system, and respond to Supreme Court decisions--some of which gravely threatened the Union cause. The Civil War was, on one level, a struggle between competing visions of constitutional law, represented on the one side by Lincoln's insistence that the United States was a permanent Union of one people united by a "supreme law," and on the other by Jefferson Davis's argument that the United States was a compact of sovereign states whose legal ties could be dissolved at any time and for any reason, subject only to the judgment of the dissolving states that the cause for dissolution was sufficient. Alternately opposed and supported by the justices of the Supreme Court, Lincoln steered the war-torn nation on a sometimes uncertain, but ultimately triumphant, path to victory, saving the Union, freeing the slaves, and preserving the Constitution for future generations.

Lincoln's Supreme Court

Lincoln's Supreme Court
Author: David Mayer Silver
Publisher: Urbana : University of Illinois Press
Total Pages: 296
Release: 1956
Genre: United States
ISBN:

An examination of the justices in the Supreme Court who served during America's darkest hour, and how Lincoln was able to govern effectively, even though he stretched his Constitutional authority to the limits.

Lincoln's Greatest Case: The River, the Bridge, and the Making of America

Lincoln's Greatest Case: The River, the Bridge, and the Making of America
Author: Brian McGinty
Publisher: W. W. Norton & Company
Total Pages: 243
Release: 2015-02-09
Genre: History
ISBN: 087140785X

The untold story of how one sensational trial propelled a self-taught lawyer and a future president into the national spotlight. In May of 1856, the steamboat Effie Afton barreled into a pillar of the Rock Island Bridge, unalterably changing the course of American transportation history. Within a year, long-simmering tensions between powerful steamboat interests and burgeoning railroads exploded, and the nation’s attention, absorbed by the Dred Scott case, was riveted by a new civil trial. Dramatically reenacting the Effie Afton case—from its unlikely inception, complete with a young Abraham Lincoln’s soaring oratory, to the controversial finale—this “masterful” (Christian Science Monitor) account gives us the previously untold story of how one sensational trial propelled a self-taught lawyer and a future president into the national spotlight.

The Body of John Merryman

The Body of John Merryman
Author: Brian McGinty
Publisher: Harvard University Press
Total Pages: 272
Release: 2011-10-05
Genre: History
ISBN: 0674061551

When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.

Abraham Lincoln and Treason in the Civil War

Abraham Lincoln and Treason in the Civil War
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.

Lincoln's Last Trial

Lincoln's Last Trial
Author: Dan Abrams
Publisher: Harlequin
Total Pages: 353
Release: 2018-06-05
Genre: History
ISBN: 1488095329

The award-winning, New York Times–bestselling chronicle of the sensational murder trial that would be the capstone of Lincoln’s legal career. In the summer of 1859, twenty-two-year-old “Peachy” Quinn Harrison went on trial for murder in Springfield, Illinois. When Harrison’s father hired Abraham Lincoln to defend him, the case took on momentous meaning. Lincoln’s debates with Senator Stephen Douglas the previous fall had transformed the little-known, self-taught lawyer into a respected politician of national prominence. As Lincoln contemplated a dark-horse run for the presidency in 1860, this case involved great risk. A loss could diminish Lincoln’s untarnished reputation. But the case also posed painful personal challenges for Lincoln. The victim had been his friend and his mentor. The accused killer, whom Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office. Lincoln’s Last Trial vividly captures Lincoln’s dramatic courtroom confrontations as he fights for his client—but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, our history, and one of our greatest presidents. A Winner of the Barondess/Lincoln Award

Lincoln on Trial

Lincoln on Trial
Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
Total Pages: 149
Release: 2010-02-12
Genre: History
ISBN: 0813139449

The acclaimed Lincoln scholar examines the president’s treatment of Southern civilians during the Civil War, shedding new light on his wartime conduct. By twenty-first century standards, President Lincoln's adherence to the laws of war would be considered questionable. But could be condemned as a war criminal based on the accepted standards of his time? Lincoln’s critics, past and present, have not hesitated to make the charge, while his apologists defend his actions as reasonable and humane. In Lincoln on Trial, Burrus M. Carnahan examines Lincoln's leadership throughout the Civil War as he struggled to balance his own humanity against the demands of his generals. Carnahan specifically scrutinizes Lincoln's conduct toward Southerners in light of the international legal standards of his time as the president wrestled with issues such as bombardment of cities, collateral damage to civilians, seizure and destruction of property, forced relocation, and the slaughter of hostages. Carnahan investigates a wide range of historical materials from accounts of the Dahlgren raid to the voices of Southern civilians who bore the brunt of extensive wartime destruction. Through analysis of both historic and modern standards of behavior in times of war, a sobering yet sympathetic portrait of one of America's most revered presidents emerges.

The Broken Constitution

The Broken Constitution
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

Lincoln and Chief Justice Taney

Lincoln and Chief Justice Taney
Author: James F. Simon
Publisher: Simon and Schuster
Total Pages: 338
Release: 2007-11-20
Genre: History
ISBN: 0743250338

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers are vividly brought to life in this compelling story of the momentous tug-of-war between these two men during the worst crisis in American history.

Judging Lincoln

Judging Lincoln
Author: Frank J. Williams
Publisher: SIU Press
Total Pages: 231
Release: 2002-09-26
Genre: Biography & Autobiography
ISBN: 0809389258

Judging Lincoln collects nine of the most insightful essays on the topic of the sixteenth president written by Frank J. Williams, chief justice of the Rhode Island Supreme Court and one of the nation’s leading authorities on Abraham Lincoln. For Judge Williams, Lincoln remains the central figure of the American experience—past, present, and future. Williams begins with a survey of the interest in—and influence of—Lincoln both at home and abroad and then moves into an analysis of Lincoln’s personal character with respect to his ability to foster relationships of equality among his intimates. Williams then addresses Lincoln’s leadership abilities during the span of his career, with particular emphasis on the Civil War. Next, he compares the qualities of Abraham Lincoln, Franklin Delano Roosevelt, and Winston Churchill. The final essay, cowritten with Mark E. Neely Jr., concerns collecting Lincoln artifacts as a means of preserving and fostering the Lincoln legacy.