Eleanor Finch
Abraham Lincoln is one of the most revered presidents in US history for his role in ending slavery through the Civil War. However, his administration's seizure of opposition newspapers and suppression of free speech and press freedoms during the war has sparked debate about whether he violated the Constitution. Lincoln justified his actions based on the president's war powers under the Constitution, but critics argue that he infringed on First Amendment freedoms and unlawfully suspended habeas corpus. While some scholars view his restrictions as a necessary evil, others argue that he exceeded his authority.
| Characteristics | Values |
|---|---|
| Suspension of Habeas Corpus | Lincoln suspended Habeas Corpus, which protects citizens from unlawful imprisonment, imprisonment without trial, and imprisonment without sentencing. |
| Freedom of Speech | Lincoln restricted freedom of speech and the press, citing the president's war powers under the Constitution. |
| Freedom of the Press | Lincoln justified his actions based on the president's war powers under the Constitution. He also seized opposition newspapers. |
| Nationwide Martial Law | Lincoln imposed martial law nationwide in 1863. |
| Calling Up the Militia | Lincoln called up about 75,000 militia. |
| Blockade of Southern Ports | Lincoln ordered a blockade of Southern ports, which some argue violates the Constitution as an act of war, requiring congressional authorization. |
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What You'll Learn
Suspension of Habeas Corpus
The suspension of habeas corpus was one of Abraham Lincoln's most controversial decisions. Habeas corpus is the right of any person under arrest to appear in person before the court to ensure they have not been falsely accused. The US Constitution specifically protects this right in Article I, Section 9: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Lincoln initially suspended habeas corpus in Maryland in 1861 to try large numbers of civilian rioters in military courts and to prevent the movement of Confederate troops on Washington. The order was extended in response to different threats. In September 1862, Lincoln again suspended habeas corpus, this time throughout the country, and made anyone charged with interfering with the draft, discouraging enlistments, or aiding the Confederacy subject to martial law. This was in response to increased opposition to the Civil War within the Union.
In the spring of 1863, General Ambrose Burnside arrested Peace Democrat Clement Vallandigham, who had been critical of the US government, and banned publication of the Chicago Times, which was supportive of Vallandigham. Burnside's actions drew widespread criticism, to which Lincoln responded by reducing Vallandigham's sentence and revoking Burnside's order suppressing the Times. Lincoln defended himself against charges that his administration had subverted the Constitution, arguing that acts that might be illegal in peacetime might be necessary "in cases of rebellion" when the nation's survival was at stake.
Lincoln's suspension of habeas corpus was authorized by the Habeas Corpus Suspension Act of 1863, which was passed by Congress and signed into law by Lincoln. The Act began as an indemnity bill, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the final version authorized the president to suspend habeas corpus and provided for the release of political prisoners.
In summary, Lincoln's suspension of habeas corpus was a controversial but constitutionally valid exercise of his powers as president during a time of rebellion. Lincoln argued that it was necessary to protect the nation's security and was authorized by the Constitution and the Habeas Corpus Suspension Act of 1863. However, critics argued that it was a subversion of the Constitution and a restriction of civil liberties.
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Freedom of speech and press
Abraham Lincoln is often criticised for his record on civil liberties. During the Civil War, Lincoln restricted First Amendment press freedoms and other freedoms of expression. He justified these restrictions based on the president's war powers under the Constitution.
Lincoln's administration seized opposition newspapers, closed them down, and prevented newspapers from publishing battle plans. They also kept Confederate sympathizers from aiding the enemy by disseminating military information or discouraging enlistments.
Lincoln's political opponents at the time argued that these measures were unnecessary to execute the war. Scholars continue to debate the constitutionality of Lincoln's actions. Some argue that he probably violated the Constitution during the war, but his actions were a necessary evil. Others argue that Lincoln's defense of his actions reveals a constitutionally justifiable view of executive powers during wartime.
Lincoln himself believed that the exigencies of war might justify actions that would otherwise be unconstitutional if necessary to preserve the nation. He also believed that the Constitution gives the right for habeas corpus to be suspended in cases of emergency.
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Issuance of the Emancipation Proclamation
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within the rebellious states are, and henceforward shall be free". This proclamation was issued as the nation approached its third year of a bloody civil war between the North and the South.
The Civil War initially aimed to prevent the secession of the Southern states and preserve the Union. However, sectional conflicts over slavery had been a significant factor, and Lincoln's preliminary Emancipation Proclamation on September 22, 1862, signalled a shift in focus. This preliminary proclamation stated that enslaved people in the rebellious states would be freed as of January 1, 1863, if those states did not rejoin the Union within 100 days.
Lincoln's bold step changed the goals of the war and was primarily a military measure. It applied only to states that had seceded from the Union, leaving slavery intact in the loyal border states. It also specifically excluded parts of the Confederacy (Southern secessionist states) already under Northern control. Most importantly, the freedom it promised was contingent on a Union military victory.
Despite these limitations, the Emancipation Proclamation was a pivotal moment in the fight for freedom. It transformed the character of the war, adding moral force to the Union cause and strengthening it both militarily and politically. The proclamation also announced the acceptance of Black men into the Union Army and Navy, allowing the formerly enslaved to become liberators. By the war's end, nearly 200,000 Black soldiers and sailors had fought for freedom.
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President's war powers
Abraham Lincoln is often criticised for his record on civil liberties during the Civil War. Lincoln restricted civil liberties, including First Amendment press freedoms and other freedoms of expression. In 1864, the Lincoln Administration seized opposition newspapers, forcing their closure.
The President's War Powers
The US Constitution divides war powers between Congress and the President. The "'declare war' clause in Article I" grants Congress the power to authorise the President to conduct both total war and more limited uses of force. Congress has the authority to authorise limited uses of force, as seen in the 2001 and 2002 Authorisations for Use of Military Force (AUMF). However, the President, as Commander-in-Chief, has the authority to use force to defend the nation and repel sudden attacks without prior congressional approval.
The War Powers Resolution of 1973 set Congressional guidelines for the President's deployment of military force. It requires the President to consult with Congress routinely during a conflict and obtain prior approval for deploying troops to conflict and stationing troops past 60 days. Despite this, some Presidents have engaged the US in conflict without Congressional approval, such as Franklin Roosevelt during World War II.
The Reagan Administration challenged the War Powers Resolution, arguing that it limited the President's ability to deploy US forces in the interests of national security. Similarly, some members of Congress have expressed concern that limiting the President's war powers would hinder their ability to respond to attacks against the US.
In recent years, there has been a debate about the President's war powers, particularly regarding President Donald Trump's authority to take military action in Iran. The Senate approved a war powers resolution to curtail Trump's ability to take military action without Congressional approval, but Trump could still veto this resolution.
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Congress and war declaration
The U.S. Constitution grants Congress the power to declare war. Article I, Section 8, Clause 11 of the Constitution states that "Congress shall have Power [...] to declare War". This was a significant departure from the past, when European monarchs had the authority to unilaterally declare war. The framers of the Constitution intended to prevent too much power from being concentrated in the hands of a single person, and believed that war declarations required careful debate among the representatives of the people.
The first formal declaration of war by Congress occurred on June 18, 1812, against the United Kingdom, citing impressment of American sailors and violations of US neutrality. This was known as the War of 1812 and ended in 1814 with the Treaty of Ghent. On May 13, 1846, Congress again declared war, this time against Mexico, at the request of President James K. Polk. During World War I, the United States declared war on Germany on April 6, 1917, and later that year, on December 7, 1917, Congress also declared war on Austria-Hungary, a German ally.
The United States has formally declared war against foreign nations in five separate wars, issuing declarations against ten different countries. The last time specific terminology was used to declare war was in 1942, against Hungary, Bulgaria, and Romania. Since then, every American president has used military force without a formal declaration of war. World War II saw the most formal war declarations, with Congress declaring war on Japan, Nazi Germany, and Italy after the attack on Pearl Harbor.
While Congress has the sole authority to issue formal war declarations, the President has some implied authority to "make war". This was included in the Constitution to enable the President to defend the country during emergencies, as there were concerns that Congress might not be able to act quickly enough in response to a foreign invasion. The War Powers Resolution, passed in 1971, was an attempt to rein in some of the President's claimed powers related to war.
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Frequently asked questions
Abraham Lincoln is one of the most revered presidents of the United States for his role in ending slavery through the Civil War. However, some scholars are critical of his record on civil liberties. Lincoln justified his actions restricting speech and the press based on the president's war powers under the Constitution. He also suspended habeas corpus, which protects citizens from unlawful imprisonment. The debate continues as to whether Lincoln's actions were constitutional.
Lincoln restricted civil liberties, including First Amendment press freedoms and other freedoms of expression. He seized opposition newspapers and suppressed free speech. Union generals took measures to prevent newspapers from publishing battle plans and to keep Confederate sympathizers from aiding the enemy by disseminating military information or discouraging enlistments.
Lincoln's actions may have influenced public opinion and support for the war. His restrictions on the press and free speech could have impacted the flow of information and shaped public perceptions of the war. However, it is challenging to determine the exact effects of his actions on public sentiment.
Lincoln's conduct during the Civil War has indeed informed how future presidents interpret their constitutional powers during wartime. His actions expanded the perceived scope of executive authority, and subsequent presidents have occasionally invoked similar justifications for their actions during times of crisis.
