Simone Lawson
Abraham Lincoln is considered one of the most compelling presidents in US history, as he faced some of the most significant constitutional questions. Lincoln's actions during the Civil War, such as suspending habeas corpus and acting without congressional authorisation, have been scrutinised as potentially unconstitutional. However, Lincoln's conduct during the war demonstrated the necessity of a strong federal government in times of crisis. By breaking the compromise to achieve emancipation, Lincoln transformed the Constitution from a compromise that preserved slavery into a moral compact worthy of veneration and aspiration.
| Characteristics | Values |
|---|---|
| Lincoln's actions during the Civil War | Lincoln's actions during the Civil War were unprecedented and controversial, as he asserted executive authority broadly. |
| Lincoln's interpretation of the Constitution | Lincoln believed his oath of office was to preserve the union, even if it meant going to war with the South, which he saw as a breach of the Constitution. |
| Lincoln's suspension of habeas corpus | Lincoln suspended habeas corpus at the start of the war, giving himself constitutional dictatorship powers. Congress later refused to ratify this action. |
| Lincoln's emancipation of enslaved people | Lincoln's emancipation proclamation transformed the Civil War's purpose from preserving the union to ending slavery, breaking with the original compromise in the Constitution. |
| Lincoln's response to Taney | Lincoln defended his suspension of habeas corpus, arguing that the Constitution does not specify which branch can exercise this power, and that the danger of rebellion required immediate action. |
| Lincoln's impact on the Constitution | Lincoln's actions during the Civil War transformed the meaning of the Constitution, turning it from a compromise that preserved slavery into a moral compact. |
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What You'll Learn
Lincoln's suspension of habeas corpus
The suspension of habeas corpus by Abraham Lincoln refers to the period during the American Civil War when Lincoln, as President, suspended the right of habeas corpus. This suspension allowed Union military commanders to arrest suspected rebels or traitors without charge and hold them indefinitely without trial. Habeas corpus, which has its origins in the Magna Carta, is the right of an arrested person to be informed of the charges against them and to be tried in court.
Lincoln's initial suspension of habeas corpus occurred in April 1861, when Washington, D.C. was largely undefended, and rioters in Baltimore, Maryland threatened to disrupt the reinforcement of the capital. Lincoln authorized his military commanders to suspend the writ of habeas corpus between Washington, D.C., and Philadelphia, and later New York City. This was done to prevent the passage of more Union troop trains by disabling railroad bridges and cutting telegraph wires. Lincoln was forced to act alone, as Congress was not in session and would not be for several months.
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 1862, following the Battle of Antietam, Lincoln again suspended habeas corpus, this time throughout the entire country. He delegated the implementation of this policy to the Secretary of War, Edwin Stanton. Anyone charged with interfering with the draft, discouraging enlistments, or aiding the Confederacy was subject to martial law and liable to trial and punishment by a military commission. It is estimated that between 14,000 and 38,000 people were imprisoned and denied habeas corpus during the war.
In March 1863, Congress passed the Habeas Corpus Act, retroactively authorizing Lincoln's suspension of habeas corpus. The Act also restricted how and why military and civilian officials could be sued. For example, anyone acting in an official capacity could not be convicted for false arrest or imprisonment, and they could request that any trial take place in a federal court.
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Lincoln's unilateral decision to go to war
Abraham Lincoln's unilateral decision to go to war was a defining moment in American history. Lincoln's primary objective was not to initiate war but to preserve the Union, and he was willing to take the risk of a conflict that he anticipated would be brief. Lincoln's decision-making process was influenced by the firing on Fort Sumter, which served as a pivotal moment. In response, Lincoln summoned state governors for troops, with Virginia and three other states from the upper South responding by joining the Confederacy. This marked a significant turning point, as Lincoln's subsequent actions, including the Sumter expedition, the call for volunteers, and the blockade of Southern ports, constituted his initial critical choices as commander-in-chief of the army and navy.
Lincoln faced conflicting advice from his advisors, including General Scott and Secretary of State William H. Seward, who counselled him to abandon the fort. Contrarily, many Republicans firmly believed that any demonstration of weakness would spell disaster for their party and the Union. Lincoln ultimately ordered the preparation of relief expeditions for Fort Sumter and Fort Pickens in Florida, showcasing his determination to address the crisis.
Lincoln's military strategy was centred on effectively blockading the South's extensive shoreline, encompassing major ports, inlets, bays, and navigable rivers. Despite having only a handful of naval ships initially, Lincoln demonstrated his resolve by commissioning approximately 500 ships, with an average of 150 on patrol at any given time. This blockade played a crucial role in capturing or destroying numerous blockade runners, impeding the Confederacy's ability to export their cash-earning cotton crop.
However, Lincoln's blockade also had unintended consequences. England issued a proclamation of neutrality, arguing that Lincoln's declaration of the rebels as insurrectionists did not constitute a belligerent power under international law. This interpretation granted belligerency status to the Confederacy, influencing other European nations to follow suit. The situation escalated when two Confederate diplomats were seized from a British ship, prompting England's prime minister, Lord Palmerston, to issue an ultimatum demanding their release and ordering troops to Canada in preparation for potential war.
Lincoln's decision to go to war had far-reaching implications, shaping the course of American history and setting the stage for pivotal moments that would define the nation's future.
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Lincoln's emancipation of enslaved people
Abraham Lincoln is considered one of the most compelling presidents in American history, as he confronted some of the most fundamental and significant questions of constitutional law. Lincoln's actions during the Civil War, such as suspending habeas corpus, were unprecedented and clashed with other branches of the government.
Lincoln's decision to emancipate enslaved people was not an isolated incident. It was preceded by two other significant choices that paved the way for this culmination. Firstly, Lincoln had to decide to go to war to preserve the union, despite there being no constitutional authority to do so. Secondly, he unilaterally suspended habeas corpus at the start of the war, effectively becoming a constitutional dictator.
In the eyes of some, Lincoln's actions during the Civil War, including emancipation, were unconstitutional. However, legal scholar Daniel Farber argues that nearly all of Lincoln's actions were permissible under the Constitution. Even when Lincoln infringed upon the Constitution, his trespasses were not egregious. Farber contends that Lincoln's conduct demonstrates the need for a strong federal government during wartime, but it also shows that we need not abandon the rule of law or disregard constitutional protections during a crisis.
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Lincoln's transformation of the Civil War's meaning
Abraham Lincoln's presidency was marked by a series of decisions that transformed the meaning of the Civil War and the Constitution. Lincoln's actions during the Civil War, particularly his decision to emancipate enslaved people, fundamentally changed the nature of the conflict. What began as a war to preserve the Union became a war to end slavery, reshaping the basic character of the Constitution and setting a precedent for strong federal government intervention in times of crisis.
Lincoln's suspension of habeas corpus, done unilaterally without Congressional authorization, is a notable example of his expansion of executive power during the Civil War. Lincoln's actions effectively transformed him into a constitutional dictator, as he assumed the power to eliminate the basic right to a judicial hearing during times of war or rebellion. While Congress initially refused to ratify his actions, they later provided approval in March 1863, acknowledging the extraordinary circumstances of the Civil War.
Lincoln's decision to emancipate enslaved people in the rebellious Confederacy marked the culmination of his evolving beliefs about the Constitution. By breaking the compromise that preserved slavery, Lincoln was cleansing the Constitution of its compromised character and elevating it to a higher moral standard. He recognized that slavery was a troubling institution and that private property, including slaves, was protected by constitutional guarantee. However, by emancipating enslaved people, Lincoln transformed the Civil War into a conflict not just about preserving the Union but also about ending the moral evil of slavery.
In conclusion, Lincoln's transformation of the Civil War's meaning extended beyond the immediate conflict. By reinterpreting the Constitution and exercising broad executive authority, he set a precedent for strong federal government intervention during times of crisis. Lincoln's actions, though controversial, reshaped the basic character of the Constitution, elevating it to a worthy object of veneration and moral aspiration. His willingness to confront the moral evils of slavery and assert the role of the federal government in preserving the Union had a lasting impact on the nation's history, solidifying his place as one of the most compelling presidents in the eyes of constitutional scholars.
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Lincoln's response to Taney's opinion
Abraham Lincoln and Roger Taney, the Chief Justice of the United States at the time, had a complex and often contentious relationship, particularly regarding the Dred Scott case and the suspension of the writ of habeas corpus.
Taney wrote the majority opinion in the controversial Dred Scott v. Sandford case in 1857, which Abraham Lincoln, then a Republican candidate for the US Senate, publicly criticized. Dred Scott, an African-American slave, appealed to the Supreme Court for his freedom, having been brought by his owners to live in a free territory. Taney's opinion, which Lincoln described as a "legal astonisher," stated that persons of African descent could not be and were never intended to be citizens under the US Constitution. This meant that the plaintiff, Scott, had no legal standing to file a suit. Lincoln argued that Taney's "whites-only" views had turned the Declaration of Independence into a "wreck" and "mangled ruin." Lincoln based his Cooper's Union speech, which made him a national political figure, on Justice Curtis's dissent in the Dred Scott case.
Taney also directly challenged Lincoln's wartime suspension of the writ of habeas corpus, a decision Lincoln did not respond to directly or immediately. Instead, he waited until a July 4th address to a special session of Congress, where he confronted Taney's opinion that only Congress could suspend the writ. Lincoln argued that the Constitution did not specify whether the Executive or Congress should exercise the power to suspend the writ and that the framers of the Constitution could not have intended for dangers to run their course until Congress could assemble. After the incident, Lincoln continued to suspend the writ in other situations and received approval from Congress in March 1863 to do so for the duration of the conflict when necessary for public safety.
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Frequently asked questions
Lincoln's actions as president, particularly during the Civil War, have been the subject of debate among constitutional scholars. Some argue that he broke the constitutional compact by unilaterally suspending habeas corpus and taking the country to war without Congressional authorization. However, others, like Daniel Farber, argue that most of Lincoln's actions were permissible under the Constitution, and that his trespasses were not egregious.
Lincoln argued that his actions were justified to repair the breach caused by the South's secession. He believed that his oath of office was an "oath registered in Heaven" to preserve the Union. He also claimed that the Constitution was silent on who had the power to suspend the writ of habeas corpus in cases of emergency, and that it could not be believed that the framers intended for dangers to run their course until Congress could be called together.
By signing the Emancipation Proclamation, Lincoln transformed the Civil War from a war justified in the name of union to a war to end slavery. He was cleansing the Constitution of its compromised character, which had preserved slavery, and making it into a moral compact worthy of aspiration.
Lincoln's conduct during the Civil War demonstrated the need for a strong federal government in wartime, but also showed that it was possible to deal with a crisis without circumventing the rule of law or ignoring constitutional protections. His actions forced Americans to wrestle with fundamental questions of constitutional law and transformed the basic character of the Constitution.
