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.
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Professor Farber systematically analyzes constitutional issues of Lincoln's presidency and the Civil War. His primary focus is on whether secession was constitutional, whether Lincoln's decision to go ... Read full review
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Abraham Lincoln Allan Nevins Amendment American argued argument arrest Article Articles of Confederation authority blockade Buchanan Calhoun chapter Civil civilians claim compact compact theory Confederate conﬂict Congress congressional constitutional issues constitutionality convention crisis Davis’s debate decisions declared defend deﬁned difﬁcult disputes Dred Scott enforcement executive power existence federal courts federal government Federalist Federalist Papers ﬁnal ﬁrst force Fort Sumter Framers government’s habeas corpus Ibid independent individual insurrection Jackson James Madison Jefferson judges jurisdiction Justice justiﬁed Law Review legislature liberty Lincoln Lincoln’s actions majority Marshall martial law ment Merryman military trials militia nulliﬁcation ofﬁce ofﬁcers ofﬁcials opinion party political president presidential power question ratiﬁcation Republican Resolutions rule of law secede secession signiﬁcance slave slavery South Carolina Southern sovereign sovereignty speciﬁc speech statute Sumter supremacy clause Supreme Court suspend habeas suspension Taney Term Limits territory theory tion tional U.S. Term Limits Union United vesting clause violated writ