Download or read book Lincoln s Constitution written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2011-04-08 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Download or read book The Crooked Path to Abolition Abraham Lincoln and the Antislavery Constitution written by James Oakes and published by W. W. Norton & Company. This book was released on 2021-01-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.
Download or read book Lincoln the Law and Presidential Leadership written by Charles M. Hubbard and published by SIU Press. This book was released on 2015-11-02 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: From his early years as a small-town lawyer through his rise to the presidency, Abraham Lincoln respected the rule of law. Secession and the Civil War, however, led him to expand presidential power in ways that, over time, transformed American society. In this incisive essay collection, recognized scholars from a variety of academic disciplines—including history, political science, legal studies, and journalism—explore Lincoln’s actions as president and identify within his decision-making process his commitment to law and the principles of the Constitution. In so doing, they demonstrate how wartime pressures and problems required that Lincoln confront the constitutional limitations imposed on the chief executive, and they expose the difficulty and ambiguity associated with the protection of civil rights during the Civil War. The volume’s contributors not only address specific situations and issues that assisted in Lincoln’s development of a new understanding of law and its application but also show Lincoln’s remarkable presidential leadership. Among the topics covered are civil liberties during wartime; presidential pardons; the law and Lincoln’s decision-making process; Lincoln’s political ideology and its influence on his approach to citizenship; Lincoln’s defense of the Constitution, the Union, and popular government; constitutional restraints on Lincoln as he dealt with slavery and emancipation; the Lieber codes, which set forth how the military should deal with civilians and with prisoners of war; the loyalty (or treason) of government employees, including Lincoln’s domestic staff; and how Lincoln’s image has been used in presidential rhetoric. Although varied in their strategies and methodologies, these essays expand the understanding of Lincoln’s vision for a united nation grounded in the Constitution. Lincoln, the Law, and Presidential Leadership shows how the sixteenth president’s handling of complicated legal issues during the Civil War, which often put him at odds with the Supreme Court and Congress, brought the nation through the war intact and led to a transformation of the executive branch and American society.
Download or read book Lincoln and the Constitution written by Brian R. Dirck and published by SIU Press. This book was released on 2012-05-12 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this highly readable study of Abraham Lincoln’s thoughts and actions concerning the U.S. Constitution, Brian R. Dirck combines extensive primary research and thoughtful, accessible consideration of Lincoln’s views to reveal new insights into Lincoln’s impact on the U.S. Constitution. In the statesman’s roles as a leading antebellum politician, an ardent critic of slavery, and the president of the United States during the Civil War, Lincoln fashioned a strong antislavery constitutional ideology and articulated a constitutional vision of the Civil War that reinforced his determination to restore the Union. Grounding Lincoln’s constitutionalism in his reading habits and early legal career, Dirck masterfully balances biographical details, Lincoln’s value system, the opinions of his supporters and critics, and key events and ideas to show how his thinking about the U.S. Constitution changed over time. From Lincoln’s deep reverence for the work of the Founding Fathers to his innovative interpretation of presidential war powers, Dirck reveals Lincoln’s understanding of the Constitution to be progressive, emphasizing federal power as a tool to develop the economy, and pragmatic, in that he was often forced to make decisions on the fly during a remarkably volatile period in American history. Lincoln used his conception of presidential war powers to advance the twin causes of Union and emancipation, and Dirck explores the constitutional problems stirred by curbs Lincoln placed on civil liberties, internal security, and freedom of expression during wartime. More than a straightforward overview of Lincoln’s constitutional views, Lincoln and the Constitution provides a starting point for further inquiry into interpretations and defenses as well as the political, intellectual, and cultural traditions of the founding document of the United States. In the end, Dirck shows, Lincoln viewed the political and legal traditions of the Constitution with optimism, emphasizing throughout his life the possibilities he believed the document held—always keeping faith in it and swearing to protect it, even as he was awash in a sea of blood and controversy. Univeristy Press Books for Public and Secondary Schools 2013 edition
Download or read book Lincoln and the Thirteenth Amendment written by Christian G. Samito and published by SIU Press. This book was released on 2015-08-24 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how Lincoln's opposition to amending the Constitution evolved during his political career, shaped his policies leading up to his election as president, and culminated in his support for the Thirteenth Amendment in 1864-65. It also places into context Lincoln's support of the Amendment for moral, political, and wartime reasons and shows how Lincoln helped shape the constitutional debate about slavery.
Download or read book The Constitutions of Abraham Lincoln and Jefferson Davis written by Russell Hoover Quynn and published by . This book was released on 1959 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: An earlier version of part three of this book was issued separately in 1956 under the title: A comparative study of the United States Constitution and the Constitution of the Confederate States of America.
Download or read book Act of Justice written by Burrus Carnahan and published by University Press of Kentucky. This book was released on 2007-09-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his first inaugural address, Abraham Lincoln declared that as president he would “have no lawful right” to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president “with the law of war in time of war.” As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners—practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln’s delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln’s proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan’s exploration of the president’s war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
Download or read book Abraham Lincoln written by George Anastaplo and published by Rowman & Littlefield. This book was released on 2001 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned scholar George Anastaplo describes a side of Abraham Lincoln that previous biographers have overlooked: the development and legacy of his legal and constitutional thought.
Download or read book Lincoln and Freedom written by Harold Holzer and published by SIU Press. This book was released on 2007-08-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lincoln’s reelection in 1864 was a pivotal moment in the history of the United States. The Emancipation Proclamation had officially gone into effect on January 1, 1863, and the proposed Thirteenth Amendment had become a campaign issue. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment captures these historic times, profiling the individuals, events, and enactments that led to slavery’s abolition. Fifteen leading Lincoln scholars contribute to this collection, covering slavery from its roots in 1619 Jamestown, through the adoption of the Constitution, to Abraham Lincoln’s presidency. This comprehensive volume, edited by Harold Holzer and Sara Vaughn Gabbard, presents Abraham Lincoln’s response to the issue of slavery as politician, president, writer, orator, and commander-in-chief. Topics include the history of slavery in North America, the Supreme Court’s Dred Scott decision, the evolution of Lincoln’s view of presidential powers, the influence of religion on Lincoln, and the effects of the Emancipation Proclamation. This collection effectively explores slavery as a Constitutional issue, both from the viewpoint of the original intent of the nation’s founders as they failed to deal with slavery, and as a study of the Constitutional authority of the commander-in-chief as Lincoln interpreted it. Addressed are the timing of Lincoln’s decision for emancipation and its effect on the public, the military, and the slaves themselves. Other topics covered include the role of the U.S. Colored Troops, the election campaign of 1864, and the legislative debate over the Thirteenth Amendment. The volume concludes with a heavily illustrated essay on the role that iconography played in forming and informing public opinion about emancipation and the amendments that officially granted freedom and civil rights to African Americans. Lincoln and Freedom provides a comprehensive political history of slavery in America and offers a rare look at how Lincoln’s views, statements, and actions played a vital role in the story of emancipation.
Download or read book The Constitutional Origins of the American Civil War written by Michael F. Conlin and published by Cambridge University Press. This book was released on 2019-07-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
Download or read book Abraham Lincoln and the US Constitution 1861 1865 written by Nicolas Gachon and published by Cambridge Scholars Publishing. This book was released on 2022-10-13 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a historical and documented account of the constitutional issues underlying President Abraham Lincoln’s determination to save the Union between 1861 and 1865. It provides students of US history and politics with a simple, precise approach to the complex power game between the three branches of the federal government. While both the Civil War and the Emancipation issue are present across the different chapters, the book focuses on constitutional issues to provide a clear analysis of the way Lincoln used or misused the US Constitution in a context of emergency.
Download or read book The Cambridge Companion to Abraham Lincoln written by Shirley Samuels and published by Cambridge University Press. This book was released on 2012-07-23 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abraham Lincoln's stature as an American cultural figure grows from his political legacy. In today's milieu, the speeches he delivered as the sixteenth president of the United States have become synonymous with American progress, values and exceptionalism. But what makes Lincoln's language so effective? Highlighting matters of style, affect, nationalism and history in nineteenth-century America, this collection examines the rhetorical power of Lincoln's prose – from the earliest legal decisions, stump speeches, anecdotes and letters, to the Gettysburg Address and the lingering power of the Second Inaugural Address. Through careful analysis of his correspondence with Civil War generals and his early poetry, the contributors, all literary and cultural critics, give readers a unique look into Lincoln's private life. Such a collection enables teachers, students, and readers of American history to assess the impact of this extraordinary writer – and rare politician – on the world's stage.
Download or read book CONSTITUTIONAL PROBLEMS UNDER LINCOLN written by JAMES GARFIELD. RANDALL and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lincoln s Political Thought written by George Kateb and published by Harvard University Press. This book was released on 2015-02-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most influential philosophers of liberalism turns his attention to the complexity of Lincoln’s political thought. At the center of Lincoln’s career is an intense passion for equality, a passion that runs so deep in the speeches, messages, and letters that it has the force of religious conviction for Lincoln. George Kateb examines these writings to reveal that this passion explains Lincoln’s reverence for both the Constitution and the Union. The abolition of slavery was not originally a tenet of Lincoln’s political religion. He affirmed almost to the end of his life that the preservation of the Union was more important than ending slavery. This attitude was consistent with his judgment that at the founding, the agreement to incorporate slaveholding into the Constitution, and thus secure a Constitution, was more vital to the cause of equality than struggling to keep slavery out of the new nation. In Kateb’s reading, Lincoln destroys the Constitution twice, by suspending it as a wartime measure and then by enacting the Thirteenth Amendment to abolish slavery. The first instance was an effort to save the Constitution; the second was an effort to transform it, by making it answer the Declaration’s promises of equality. The man who emerges in Kateb’s account proves himself adequate to the most terrible political situation in American history. Lincoln’s political life, however, illustrates the unsettling truth that in democratic politics—perhaps in all politics—it is nearly impossible to do the right thing for the right reasons, honestly stated.
Download or read book Constitutional Problems Under Lincoln written by James Garfield Randall and published by Urbana : University of Illinois Press, 1964 [c1951]. This book was released on 1964 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this volume is to examine those measures of the Lincoln government which involved significant constitutional issues. While Lincoln spoke of the cause for which he contended as no less than the maintenance of democracy in the world, such a man as Wendell Phillips denounced Lincoln's government as a "fearful peril to democratic institutions" and characterized the President as an "unlimited despot." In the doubtful struggle to preserve the Union, the war Congress and the war Cabinet had many a hard choice to make when measures out of harmony with American notions of civil liberty seemed the only alternative to defeat and disintegration. "Must a government, of necessity, be too strong for the liberties of its own people, or too weak to maintain its own existence?" was the question Lincoln propounded when making one of his difficult decisions, and this question embodied a real dilemma which his govermnent continually confronted. To study in some detail, both historically and legally, the manner in which these constitutional problems of the Civil War presented themselves, to note the measures taken in solving them, and to offer such an appraisal of these measures as historical research may justify, is our task. - Introduction.
