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Executive Powers Of Abraham Lincoln During The Civil War

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Abraham Lincoln may have claimed that he had to violate the Constitution to protect it, but whether he actually did violate constitutional law is debatable. It may be more concise to say that this statement by Lincoln more clearly demonstrates the morale dilemma that he faced in enacting Executive Powers to save the Union and that his actions merely stretched the power of the Executive Branch to their limit in that day and age. There are two major instances during the Civil War that demonstrate Lincoln's liberal use of the powers vested in him by the Constitution. Lincoln selectively suspended the writ of habeas corpus in Maryland in 1861 (Corbett et al., 434). Habeus corpus, a common law adopted by the founding fathers when writing the Constitution, ensures due process of the law for prisoners. This effectively allowed military commanders to apprehend Confederate sympathizers who were likely to impede …show more content…

The Proclamation of Emancipation stated that "all persons held as slaves" were to be freed in the Confederate states (436). Again, Lincoln relied on his powers as Commander-in-Chief, dictating that the slaves that were to be released only resided in states that were in open rebellion, namely the south, making it a military concern (436). He ignored the Union states and territories, knowing that the Supreme Court would rule it unconstitutional if the states were to sue for recourse, and knowing that the Confederacy could not take the issue to the Supreme Court because they were in open rebellion (436). Once the Civil War was finished, any suit against the Proclamation of Emancipation was made moot by the addition of the Thirteenth Amendment, which categorically and unequivocally forbid slavery. It was a very calculated order that changed the focus of the Civil War and impacted the future of the United

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The 19th century was a time defined by the enormous rift that caused the Civil War, the emancipation of the slaves, and the leadership that Abraham Lincoln took to keep the Union intact. These events not only altered the way that the American government system, but also completely changed the way presidential powers were viewed. During the time of the Civil War, President Abraham Lincoln’s decision on restricting the writ of habeas corpus clearly violated both the Constitution as well as many of his given executive powers. The Civil War was a tricky time for the government because of the clear split between the North and the South.

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The Emancipation Proclamation was Lincoln’s order to free slaves and curry favor with the rest of the nation. This order came about January 1st of 1863 and only addressed the states in rebellion. It declared that any state in rebellion to the union was no longer capable of owning slaves and any slaves in said states were to be freed. These states included Arkansas, Texas, Louisiana (barring some counties), Mississippi, Alabama, Florida, South Carolina, North Carolina, Georgia and Virginia. It also encouraged the now free individuals to enlist in the army and help fight for the others not protected in this order.

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Habeas Corpus is a legal term meaning “the government cannot hold you without cause”. During Abraham Lincoln’s presidency this issue caught fire because on May 25, 1861 John Merryman was arrested for recruiting, training Confederate(southern) soldiers in the north. Abraham Lincoln suspension was a rash and unjust decision because it was used for personal agenda. Also it would allow the soldiers to become judges, executioners, and juries.of the so-called criminals. Another reason is he tried to make an example out of John Merryman.

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In conclusion, all of Lincoln`s “controversial” decisions was to keep the union together. Its all justifiable even though these actions were technically an abuse of presidential power. It can be argued that he abused the power of the presidency when he suspended the Writ of Habeas Corpus and upheld the Declaration of

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However, according to the article “Abraham Lincoln and Civil Liberties in Wartime” the Emancipation Proclamation declared slaves in the states still in rebellion to be free. Since the slaves were property, Lincoln was practically stealing them from the people who had spent money to “own” them, taking away the property that at the time they had legally paid for. In that same article, it also directly states that nowhere in the Constitution does it authorize either Congress or the president to confiscate property without compensation, and even goes directly against that. Lincoln himself even seemed to question the lawfulness of his decision. According to the article mentioned before, “Lincoln’s Abuse of Power during the American Civil War”, in his first Inaugural Address he says, "I declare that I have no purpose directly or indirectly, to interfere with the institution of

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After the Emancipation Proclamation, in 1861 Lincoln decided to issue yet another executive order, suspension of Habeas Corpus. Habeas Corpus is a legal guarantee, which gives the individual the right to know why he or she is being arrested and to be entitled to a trial. It is important to notice that Abraham Lincoln has suspended Habeas Corpus on numerous occasion during the Civil War (Foner, p.98-99). The reason I choose to focus on the executive order form March 3rd, 1983, is because at that time Lincoln suspended Habeas Corpus throughout the whole North. We must also acknowledge that Abraham Lincoln was much more careful inn suspending civil liberties during a war, than other American presidents in U.S history.

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In the history textbooks of today’s educational institution, within the pages somewhere you can locate it stating either directly or indirectly that Abraham Lincoln freed the slaves. Although that point is arguably true, you have to analyze his true motives and reasoning behind the emancipation proclamation. It’s understood that the primary object of the civil war was to preserve and restore the union over all states. Although, this was arguably the original reason, a disclosure made by Colonel Baldwin of the aims of the head of that party, are sufficient to prove that the real purpose was for other than the fabrication - to enlarge and perpetuate the power of his faction. Before the Civil war began Abraham Lincoln was clear about his focal

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It has been affirmed that such charges against Abraham Lincoln, referring to the unwarranted accusations that has plague Mr. Lincoln, that he has suspended and violated the Constitution and committed treason against his own nation, are completely groundless. He has been tried for much misconduct as the President of the US, more specifically, he has been charged of committing murder, violating the first and Fifth Amendment rights of ordinary citizens and for invading a sovereign nation without congressional approval. Mr. Lincoln has done no such misconducts which warrant his presence in court, as such; he is innocent from these charges in every respect. Although the deaths of the many people who fought the Civil War were charged against him,

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Although numerous researchers trusted this to be one of Lincoln's more regrettable choices in his administration. Abraham Lincoln's suspension of habeas corpus was utilized in a desperate time to save the union and it was protected under Article 1,section 9 of the Constitution. This paper will contend that Abraham Lincoln's suspension of habeas corpus. “After Virginia withdrew from the Union on April 17, 1861, the main lines for overland supplies, troop developments, transportation, and correspondence to Washington, D.C., went through Maryland, with the railways going through Baltimore. Baltimore was a harsh city for the Union, and Maryland a dubious ally.

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The constitution of the United States is justifiably built just as much for war as it is for peace. This can be seen during 1861, the midst of the Civil War, when Abraham Lincoln was faced with national security challenges that no American president had been confronted with before. Lincoln was put in a position that required him to walk a fine line between civil liberties and national securities. Some argue that Lincoln is one of the top presidents this nation has seen, yet others argue that the action to suspend habeas corpus eradicated him from that pedestal. Since the peak of the Civil War, historians have dissected and debated president Lincoln’s decision.

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When speaking of Abraham Lincoln, it is important not to neglect the idea of his use of an ethical process to make decisions. President Abraham Lincoln, a two-term president, would face one of his largest challenges in his terms when he made the decision to free the slaves to save the Union. Lincoln felt compelled to make this decision because he knew if he abolished slavery it would take a huge toll on the south, which caused numerous slaves to join the Northern armies. This would later be a great advantage to preserve the Union. A close examination of Lincoln’s First Inaugural Address and many other sources, helps one to understand what exactly influenced Abraham Lincoln’s ethical decision making process.

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Lincoln’s Emancipation Proclamation stated that all individuals who were held as slaves in rebellious states "henceforward shall be free." However, Lincoln knows it would be difficult to free the slaves of the North because they did not control any states in rebellion and the proclamation didn’t apply to Border States, Tennessee or any Louisiana parishes. Throughout all of Lincoln's life he had said “ that if slavery was not wrong, nothing was wrong.” As he began to study law at a young age, he saw that the constitution protected slavery in the states that it already existed. After Lincoln figured out a loophole his decision was made, he brought together his cabinet and told them there was nothing they could do or say but they could give him suggestions on timing minor implications.

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