Isabella Carter
Abraham Lincoln is considered one of the most compelling presidents in US history, as he confronted some of the most significant constitutional questions of his time. Lincoln's actions during the Civil War, such as suspending habeas corpus and deploying the military, have been scrutinized for potentially infringing on constitutional rights. However, legal scholars argue that his moves were largely permissible under the Constitution, and he maintained a sense of perspective about the presidency's role. Lincoln's prewar constitutional vision was shaped by his personal experiences, and he aimed to preserve the Union, end slavery, and defend the people's right to change governments through ballots.
| Characteristics | Values |
|---|---|
| Lincoln's actions that tested the limits of constitutional policy | Suspending habeas corpus, deploying the military, imposing a blockade, suppressing free speech |
| Lincoln's stance on the Constitution | Lincoln respected the Constitution and the rule of law, but his actions in response to the military crisis did infringe on the Constitution |
| Lincoln's view on slavery | Lincoln believed in ending slavery and preserving the right to rise and a free labor economy |
| Lincoln's view on self-government | Lincoln believed in the right of the people to change governments by ballots, not bullets |
| Lincoln's view on the role of the president | Lincoln believed in a strong federal government in wartime, but also maintained a sense of perspective about the proper institutional role of the presidency |
| Lincoln's impact on constitutional law | Lincoln wrestled with fundamental and momentous questions of constitutional law, such as state sovereignty and secession |
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What You'll Learn
Lincoln's suspension of habeas corpus
The suspension of habeas corpus by President Abraham Lincoln has been a contentious issue. Habeas corpus, or the 'great writ', is a right enshrined in the US Constitution, originating from the Magna Carta, which compels the government to provide a reason for the detention or arrest of any person before a judge.
Taney argued that the Constitution intended for Congress, not the President, to have the power to suspend the writ during emergencies. Lincoln, however, asserted that it was necessary to authorise military officers to suspend the writ in certain cases to protect public safety. This conflict between Lincoln and Taney, known as the 'great writ showdown', highlighted the differing interpretations of the Constitution's suspension clause.
Lincoln's initial suspension of habeas corpus occurred while Congress was not in session, and his actions were not successfully challenged in the courts during the war. In March 1863, Congress passed the Habeas Corpus Act, authorising the suspension. Lincoln expanded the suspension in September 1862, making anyone charged with aiding the Confederacy or interfering with the draft subject to martial law and liable for court-martial. It is estimated that between 14,000 and 38,000 people were imprisoned and denied habeas corpus during the war.
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Lincoln's views on slavery
Abraham Lincoln is the leader most associated with the end of slavery in the United States. Lincoln wanted to end slavery but did not support racial equality or the integration of African Americans into US society. In 1852, he said:
> "If as the friends of colonization hope… [we] succeed in freeing our land from the dangerous presence of slavery; and, at the same time, in restoring a captive people to their long-lost father-land, it will indeed be a glorious consummation."
Lincoln's most significant action to end slavery was the Emancipation Proclamation, which he issued on January 1, 1863, as a war tactic to deprive the South of labour and allow African Americans to join the armed forces. Lincoln recognized that the Proclamation would give the Union a moral and strategic advantage. While Lincoln's Proclamation freed enslaved people, he continued to support the idea of voluntary colonization, which would send free Black Americans to countries in Central America and the Caribbean or Africa. Lincoln saw colonization as a practical solution to the issue of emancipation and believed it would be a "glorious consummation" to restore African Americans to their "long-lost father-land." However, Lincoln's views evolved, and in the last years of his life, he supported voting rights in the United States for African Americans, becoming the first U.S. President to do so.
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Lincoln's prewar constitutional vision
Lincoln's economic success as a lawyer and his personal experience of rising from humble beginnings to become one of the wealthiest men in Springfield informed his prewar constitutional perspective. He understood the potential of the system and the importance of electing leaders dedicated to the ideal of equality. Lincoln's process-based egalitarianism, however, offered only long-term promises, and he faced the challenge of balancing the demands of the North and the South, each concerned about the future of their rights and the preservation of their goals.
Before the Civil War, Lincoln sought alternative methods to end slavery in America. He agreed to the recapture and return of fugitive slaves, but his true conflict was with the institution of slavery itself. Lincoln's unionist rhetoric was powerful enough to convert even pro-slavery advocates, including rabbis in New York, who embraced his vision of a united America. Lincoln's commitment to the Union as a moral cause during the Civil War further solidified his prewar constitutional vision.
Lincoln's prewar constitutional stance was also evident in his participation in the Peace Conference debate. He insisted that his role was to follow the Constitution, which he interpreted as prohibiting secession from the Union as an act of treason. Lincoln's belief in the Constitution's ability to address slavery was reflected in his statement, "The voice of the civilized world is against it." However, he recognized the complexity and agonizing process of achieving his ideal, acknowledging that freedom might remain distant for future generations.
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Lincoln's response to the military crisis
When Abraham Lincoln became president in March 1861, the United States was in the midst of its greatest crisis. Seven of the 31 states had voted to secede from the Union, and the Civil War had just begun. Lincoln's response to the military crisis was characterised by his leadership, constitutional "bending", and his ability to focus on the military objective of destroying the Confederate armies.
Lincoln was an amateur in military affairs when he took office, but he quickly mastered conventional 19th-century military strategy. He learned to interact with West Point-trained officers, analyse operations, and understand the superiority of defence over offence. He also took full responsibility for making and executing strategic plans. Lincoln's message to his commanders was simple: focus on the military objective and let him handle the politics.
Lincoln's suspension of the writ of habeas corpus during the Civil War is a notable example of his constitutional "bending". After fears of a rebellion in Maryland, Lincoln ordered General Winfield Scott to suspend habeas corpus near railroad lines connecting Philadelphia to Washington. This led to the arrest and detention of a Maryland planter, John Merryman, without a warrant. Supreme Court Chief Justice Roger Taney directly challenged this suspension, arguing that only Congress had the power to suspend the writ during emergencies. Lincoln did not respond immediately, but in a July 4 address to a special session of Congress, he defended his actions as necessary for public safety.
Lincoln also demonstrated his leadership in his response to General George B. McClellan's defeat in the Seven Days' Battles outside Richmond. McClellan told Lincoln to cease emancipation efforts, stating that "military power should not be allowed to interfere with the relations of servitude." Lincoln responded by ordering McClellan to go back on the offensive and informing his Cabinet that he would issue the Preliminary Emancipation Proclamation.
Lincoln's handling of the military crisis during the Civil War showcased his ability to lead effectively, make tough constitutional decisions, and focus on the military objective. His actions during this time have left a lasting impact on crisis leadership.
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Lincoln's conduct of the war
Abraham Lincoln's conduct during the Civil War was marked by his limited military experience, a willingness to centralise power, and a commitment to establishing standards of conduct for wartime.
Lincoln had served briefly as a militia captain in the Black Hawk War, giving him more military experience than any of the members of the Joint Committee on the Conduct of War that was established by Congress in December 1861. Despite this, Lincoln's management of the war was not always successful, and occasional outbursts of violence persisted throughout the war.
In the early days of the Civil War, Lincoln assumed broad powers to deal with the crisis, and Congress approved most of his actions during a special session in July 1861. However, by December, Congress's attitude had shifted. They were dissatisfied with the state of the war and less confident in Lincoln, leading them to establish the aforementioned committee to investigate Northern military setbacks and reinvigorate the war effort.
Lincoln's relationship with the committee was characterised by ideological differences. The committee was dominated by radical Republicans, while Lincoln demonstrated a remarkable ability to grow, develop, and mature in his thinking. He realised that the crisis called for open-mindedness, a willingness to learn, and the need to broaden his political base.
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Frequently asked questions
There is debate about whether Lincoln violated the Constitution. Some say that he did when he suspended habeas corpus and took certain actions without Congressional authorization. However, law professor Daniel Farber argues that nearly all of Lincoln's actions were permissible under the Constitution, and that when he did infringe upon it, it was not egregious.
On May 28, 1861, Supreme Court Chief Justice Roger Taney directly challenged Lincoln's wartime suspension of the great writ of habeas corpus. Taney argued that the Constitution intended for Congress, not the President, to have the power to suspend the writ during emergencies.
Yes, on occasion, Lincoln's actions or the actions of the military were deemed excessive. Measures to suppress free speech were taken, and in one case, a gentleman was convicted and sentenced to death for associating with another individual who wanted to take armed action against the Union.
Lincoln believed that the government ought to "limit, localize and discourage slavery." He gained electoral support by appealing to his base's faith in the system and their ideals. He also argued that the Founding Fathers wanted to place slavery on the course of ultimate extinction.
Lincoln took "the most solemn oath" to preserve, protect, and defend the Constitution. He believed in the right of the people to change governments by ballots, and he wanted to show that self-government worked. However, he did test the limits of constitutional policy, moving beyond the guidelines set by his Democratic opponents.
