Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era

Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era PDF Author: Herman Belz
Publisher:
ISBN: 9780823295111
Category : HISTORY
Languages : en
Pages : 0

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Book Description
This striking portrait of Abraham Lincoln found in this book is drawn entirely from the writing of his contemporaries and extends from his political beginnings in Springfield to his assassination. It reveals a more severely beleaguered, less godlike, and finally a richer Lincoln than has come through many of the biographies of Lincoln written at a distance after his death. To those who are familiar only with the various "retouched" versions of Lincoln's life, Abraham Lincoln: A Press Portrait will be a welcome--if sometimes surprising--addition to the literature surrounding the man who is perhaps the central figure in all of American history. The brutality, indeed that malignancy of some of the treatment Lincoln received at the hands of the press may well shock those readers who believe the second half of the twentieth century has a monopoly on the journalism of insult, outrage, and indignation. That Lincoln acted with the calm and clarity he did under the barrage of such attacks can only enhance his stature as one of the great political leaders of any nation at any time.

Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era

Abraham Lincoln, Constitutionalism, and Equal Rights in the Civil War Era PDF Author: Herman Belz
Publisher:
ISBN: 9780823295111
Category : HISTORY
Languages : en
Pages : 0

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Book Description
This striking portrait of Abraham Lincoln found in this book is drawn entirely from the writing of his contemporaries and extends from his political beginnings in Springfield to his assassination. It reveals a more severely beleaguered, less godlike, and finally a richer Lincoln than has come through many of the biographies of Lincoln written at a distance after his death. To those who are familiar only with the various "retouched" versions of Lincoln's life, Abraham Lincoln: A Press Portrait will be a welcome--if sometimes surprising--addition to the literature surrounding the man who is perhaps the central figure in all of American history. The brutality, indeed that malignancy of some of the treatment Lincoln received at the hands of the press may well shock those readers who believe the second half of the twentieth century has a monopoly on the journalism of insult, outrage, and indignation. That Lincoln acted with the calm and clarity he did under the barrage of such attacks can only enhance his stature as one of the great political leaders of any nation at any time.

Lincoln, the Law, and Presidential Leadership

Lincoln, the Law, and Presidential Leadership PDF Author: Charles M. Hubbard
Publisher: SIU Press
ISBN: 0809334550
Category : History
Languages : en
Pages : 214

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Book Description
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.

Lincoln and the Triumph of the Nation

Lincoln and the Triumph of the Nation PDF Author: Mark E. Neely Jr.
Publisher: Univ of North Carolina Press
ISBN: 0807869023
Category : History
Languages : en
Pages : 416

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Book Description
The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.

Constitutionalism in the Approach and Aftermath of the Civil War

Constitutionalism in the Approach and Aftermath of the Civil War PDF Author: Paul D. Moreno
Publisher:
ISBN: 9780823251995
Category : Constitutional history
Languages : en
Pages : 274

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Book Description
This collection of essays shows how the constitutional aspects of the Civil War were part of American politics for a long time before and after the conflict by examining developments from the founding era to the Progressive era. The contributors, both political theorists and historians, consider constitutional issues leading to the Civil War, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the War and Reconstruction endured in the late 19th and early 20th centuries.

Lincoln and the Constitution

Lincoln and the Constitution PDF Author: Brian R. Dirck
Publisher: SIU Press
ISBN: 0809331187
Category : Biography & Autobiography
Languages : en
Pages : 182

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Book Description
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

ABRAHAM LINCOLN

ABRAHAM LINCOLN PDF Author: abraham lincoln
Publisher:
ISBN:
Category :
Languages : en
Pages : 696

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Book Description


Act of Justice

Act of Justice PDF Author: Burrus M. Carnahan
Publisher: University Press of Kentucky
ISBN: 0813138213
Category : History
Languages : en
Pages : 212

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Book Description
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.

Emancipation and Equal Rights

Emancipation and Equal Rights PDF Author: Herman Belz
Publisher: W. W. Norton
ISBN: 9780393090161
Category : African Americans
Languages : en
Pages : 171

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Book Description


Lincoln's Constitution

Lincoln's Constitution PDF Author: Daniel A. Farber
Publisher: University of Chicago Press
ISBN: 0226237966
Category : History
Languages : en
Pages : 251

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Book Description
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.

Lincoln and Citizens' Rights in Civil War Missouri

Lincoln and Citizens' Rights in Civil War Missouri PDF Author: Dennis K. Boman
Publisher: LSU Press
ISBN: 0807146498
Category : History
Languages : en
Pages : 515

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Book Description
During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.