Isabella Carter
During the Civil War, Abraham Lincoln took a series of actions that have since been the subject of debate regarding their constitutionality. These include calling up the militia, deploying the military, and imposing a blockade, as well as suspending the writ of habeas corpus and issuing the Emancipation Proclamation. While some argue that Lincoln's broad exercise of executive authority was necessary given the unprecedented crisis of the Civil War, others contend that he infringed upon constitutional rights.
| Characteristics | Values |
|---|---|
| Unprecedented crisis | Civil War |
| Lincoln's actions | Calling up the militia, deploying the military, and imposing a blockade |
| Lincoln's authority | Article II of the Constitution |
| Constitutional infringement | Measures to suppress free speech |
| Example of excessive action | A gentleman opposed to the Civil War was convicted and sentenced to death |
| Post-war action | Supreme Court granted the gentleman's habeas corpus petition |
| Lincoln's suspension of | Habeas Corpus |
| Issuance of | Emancipation Proclamation |
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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 during the Civil War. The Habeas Corpus Suspension Act, enacted in 1863, was a law that allowed the president of the United States to suspend the right of habeas corpus in response to the American Civil War. Habeas corpus is the right of any person under arrest to appear in person before a court to ensure they have not been falsely accused.
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, D.C. At the time, Washington, D.C., was largely undefended, and rioters in Baltimore, Maryland, threatened to disrupt the reinforcement of the capital by rail. This suspension was partially lifted by Andrew Johnson with the issuance of Proclamation 148, with exceptions in several states and territories.
In February 1862, Lincoln ordered the release of all political prisoners, offering them amnesty for past treason or disloyalty as long as they did not aid the Confederacy. However, in September of that year, faced with opposition to his calling up of the militia, Lincoln again suspended habeas corpus, this time throughout the entire country. He made anyone charged with interfering with the draft, discouraging enlistments, or aiding the Confederacy subject to martial law and military tribunals.
The suspension of habeas corpus by Lincoln was controversial and it led to clashes with other branches of the government, particularly the Supreme Court. In the case of Ex Parte Merryman in 1861, Supreme Court Chief Justice Roger Taney ruled that the authority to suspend habeas corpus lay exclusively with Congress, not the President. Lincoln refused to abide by this ruling, arguing that his actions were necessary to suppress the insurrection and ensure national security.
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The Emancipation Proclamation
On January 1, 1863, as the American Civil War approached its third year, President Abraham Lincoln issued the Emancipation Proclamation. The proclamation declared that all persons held as slaves within the rebellious states were henceforth free. Lincoln's authority to issue the proclamation came from his joint capacity as President and Commander-in-Chief.
However, the Emancipation Proclamation was limited in scope. It applied only to states that had seceded from the United States, leaving slavery untouched in the loyal border states. It also expressly exempted parts of the Confederacy (the Southern secessionist states) that had already come under Northern control, as well as the border states of Missouri, Kentucky, Maryland, and Delaware, where slavery was still legal. Most importantly, the freedom it promised depended upon a Union military victory.
Despite these limitations, the Emancipation Proclamation outraged white Southerners and their sympathizers, who saw it as the beginning of a race war. It added moral force to the Union cause and strengthened the Union both militarily and politically. It also allowed for former slaves to be received into the armed services of the United States, with almost 200,000 Black soldiers and sailors fighting for the Union by the end of the war.
In conclusion, while the Emancipation Proclamation did not immediately end slavery in the nation, it fundamentally transformed the character of the Civil War and played a significant part in the eventual abolition of slavery in the United States.
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Executive authority
The Civil War caused by the secession crisis forced Lincoln to exercise his executive authority in a notably broad manner. He took several actions, including "calling up the militia, deploying the military, and imposing a blockade," which legal scholar Daniel Farber argues were in accordance with his authority under Article II of the Constitution.
Farber acknowledges that some of Lincoln's actions were excessive, such as measures to suppress free speech. For example, a man was convicted and sentenced to death for possibly no more than associating with someone who wanted to take armed action against the Union. This case, Ex Parte Milligan, involved the Supreme Court granting the man's habeas corpus petition after the war.
Lincoln's suspension of habeas corpus, which protects citizens from unlawful imprisonment, imprisonment without trial, and imprisonment without sentencing, is often cited as a violation of constitutional rights. In April 1861, he suspended it in response to concerns about underground Confederate activities in Baltimore, leading to the arrest of several people suspected of supporting disunion in the city.
Despite these controversies, Farber concludes that Lincoln's constitutional infringement was relatively slight, as he often obtained authorization from Congress after acting unilaterally.
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Excessive actions
The Civil War caused by the secession crisis forced Lincoln to exercise his executive powers in a broad manner. In response to the military crisis, Lincoln took actions such as "calling up the militia, deploying the military, and imposing a blockade". Legal scholar Daniel Farber concludes that Lincoln's actions were either authorised by Article II of the Constitution or subsequently approved by Congress, rendering his constitutional infringement slight. However, Farber acknowledges that some of Lincoln's actions were excessive.
One of the most notable examples of Lincoln's excessive actions was the suspension of habeas corpus, which protects citizens from unlawful imprisonment, imprisonment without trial, and imprisonment without sentencing. In April 1861, Lincoln and other Union officials worried about underground Confederate activities in Baltimore, leading to the arrest of several people suspected of supporting disunion. These individuals appealed to the circuit courts, citing habeas corpus, but were unsuccessful due to Lincoln's suspension of this right on April 27th. This suspension was initially localised for the protection of the public but later expanded. When a Maryland man was arrested by the Union military, Supreme Court Chief Justice Roger Brooke Taney issued a writ calling for the man to be brought to court, but the military refused. After the war, in Ex Parte Milligan, the Supreme Court granted a gentleman's habeas corpus petition, who had been convicted and sentenced to death for associating with another individual who wanted to take armed action against the Union.
Another controversial action was the issuance of the Emancipation Proclamation, which allowed Lincoln to address slavery in a way he couldn't before the war. Lincoln knew that during peacetime, he couldn't touch slavery due to the power given to states by the Constitution. However, the war provided him with an opportunity to use his executive powers to issue the proclamation, even though his official stance before the war was that the Civil War was to preserve the Union, not end slavery.
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Balance of constitutional rights and national security
The Civil War caused a constitutional crisis, and Abraham Lincoln's conduct during this period has been scrutinized ever since. Lincoln's actions during the war have been viewed as a test of how to balance constitutional rights and national security.
Lincoln's suspension of habeas corpus, which protects citizens from unlawful imprisonment, imprisonment without trial, and imprisonment without sentencing, is often cited as a violation of constitutional rights. In April 1861, Lincoln and other Union officials were concerned about pro-Confederate activities in Baltimore. As a result, several people suspected of supporting the Confederacy were arrested and appealed to the circuit courts, citing habeas corpus. However, they were unsuccessful because Lincoln had suspended it. This suspension was initially localized to Maryland for the protection of the public. One notable case involved a man who opposed the Civil War and was sentenced to death, possibly for associating with another individual who wanted to take armed action against the Union. After the war, the Supreme Court granted this man's habeas corpus petition in Ex Parte Milligan.
Lincoln's issuance of the Emancipation Proclamation has also been a subject of debate. During peacetime, Lincoln could not have touched slavery due to the power given to states by the Constitution. His official stance before the proclamation was that the Civil War was to preserve the Union. However, the war provided him with an opportunity to address slavery in a way he couldn't before.
In response to the military crisis, Lincoln took actions such as "calling up the militia, deploying the military, and imposing a blockade." Legal scholar Daniel Farber concludes that Lincoln either acted within his authority under Article II of the Constitution or obtained authorization from Congress after the fact, rendering any constitutional infringement slight. However, Farber acknowledges that some actions, such as measures to suppress free speech, were excessive.
In conclusion, while Lincoln's actions during the Civil War may have infringed on constitutional rights in some instances, they were generally taken to address an unprecedented crisis and were often authorized or retroactively approved by Congress. The balance between constitutional rights and national security remains a pertinent issue, and Lincoln's leadership during this period set a high standard for his successors.
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Frequently asked questions
It is a matter of debate whether Lincoln broke the Constitution during the Civil War. Some of his actions, such as suspending habeas corpus, have been seen as unconstitutional. However, others argue that his actions were necessary given the unprecedented crisis caused by the war.
Lincoln's suspension of habeas corpus, which protects citizens from unlawful imprisonment, led to the arrest of several people suspected of supporting the Confederacy in Baltimore. These individuals were unsuccessful in their appeals to the circuit courts, as Lincoln had suspended the right to appeal on April 27, 1861.
Yes, Lincoln's conduct during the Civil War set a high bar for his successors in terms of balancing individual constitutional rights with governmental claims of national security. His broad exercise of executive authority during the war inevitably led to clashes with other branches of government.
The constitutionality of the Emancipation Proclamation is debated. Lincoln knew that during peacetime, he could not address slavery due to the power given to states by the Constitution. However, the war provided him with an opportunity to address slavery in a way he couldn't before.
