Abraham Lincoln's Surprising Legal Transgressions

Abraham Lincoln, the 16th president of the United States, is often remembered as a national hero for his leadership during the American Civil War and his efforts to preserve the Union and abolish slavery. However, Lincoln's legacy is not without controversy, and one of the most contentious aspects of his presidency was his suspension of the writ of habeas corpus in April 1861. This act, which allowed American citizens to be detained indefinitely without trial, is considered one of the boldest and most powerful uses of presidential power in US history.

Lincoln's suspension of habeas corpus was in response to the crisis in Maryland, where pro-Southern sentiment threatened to pull the state into the Southern Confederacy, endangering Washington, D.C., and isolating the Union. Lincoln's order, which was kept private and sent only to military commanders, authorised the military to detain those deemed troublemakers, and it was later extended to include anyone suspected of aiding the Southern cause. This action was not without opposition, and Supreme Court Chief Justice Roger B. Taney challenged Lincoln's suspension, arguing that the power to suspend habeas corpus rested with Congress, not the President.

While Lincoln's suspension of habeas corpus may have been unlawful, his justification was that national security and the preservation of the Union took precedence over any single law. Lincoln's broad interpretation of executive power, his practical approach to presidential authority, and the extraordinary nature of the crisis he faced, all contributed to his willingness to take such controversial action.

Lincoln's suspension of habeas corpus

On April 27, 1861, Lincoln suspended habeas corpus for "disloyal persons" who could not be "adequately restrained by the ordinary processes of law" in an attempt to quell the southern rebellion. He also suspended it in Maryland in 1861 to try large numbers of civilian rioters in military courts and to prevent the movement of Confederate troops on Washington. This was extended in September 1862 to cover protestors against the Civil War, who were made subject to martial law.

Article 1, Section 9 of the Constitution states that "the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Lincoln justified his actions by this clause, arguing that acts that might be illegal in peacetime might be necessary "in cases of rebellion", when the nation's survival was at stake.

In June 1861, U.S. Supreme Court Chief Justice Roger Taney ruled in Ex parte Merryman that Article I, Section 9 of the Constitution reserves the power to suspend habeas corpus to Congress, and therefore the president's suspension was invalid. Lincoln refused to abide by the ruling.

In December 1862, Thaddeus Stevens introduced a bill to indemnify the president and others for suspending habeas corpus, which passed the House. The Senate version of the bill referred all suits and prosecutions regarding arrest and imprisonment to the regional federal circuit court, stipulating that no one acting under the authority of the president could be at fault if "there was reasonable or probable cause" or if they acted "in good faith". The Act was passed in March 1863, and Lincoln used the authority it granted him to suspend habeas corpus throughout the Union in September of that year.

The suspension of habeas corpus was not without its critics. In the spring of 1863, General Ambrose Burnside arrested Clement Vallandigham, a Peace Democrat who had been critical of the U.S. government, and banned publication of the Chicago Times, which was supportive of Vallandigham. Burnside's actions drew widespread criticism, to which Lincoln responded by reducing Vallandigham's sentence and revoking Burnside's order suppressing the Times. Lincoln defended himself against charges that his administration had subverted the Constitution, arguing that his actions were necessary for the preservation of the Union during the Civil War.

Lincoln's constitutional viewpoint

Abraham Lincoln's constitutional viewpoint was largely defined by his belief in the preservation of the Union, his opposition to slavery, and his interpretation of the role of the executive.

Lincoln held the utmost respect for the Constitution, and believed that any of his controversial actions in relation to the Constitution were necessary for the preservation of the Union during the Civil War. Lincoln's constitutional interpretation was pragmatic and flexible, adapting to the unprecedented challenges posed by the Civil War. He believed that the Constitution was a democratic rule of law that enhanced federal power and curtailed state autonomy.

Lincoln's constitutional interpretation was not without controversy. Some scholars argue that he clearly violated the Constitution, particularly in his suspension of habeas corpus and his failure to adhere to Supreme Court rulings. However, others defend his actions as necessary and justifiable given the extraordinary emergency crisis the nation faced.

Lincoln's justification for breaking the law

Abraham Lincoln, the 16th President of the United States, is remembered for his strong leadership during the American Civil War, his role in the abolition of slavery, and his expansion of federal power.

Lincoln's most controversial action as President was his suspension of the writ of habeas corpus in April 1861, which allowed American citizens suspected of disloyalty to be imprisoned indefinitely without trial. This was a grave exercise of presidential power and was not without opposition.

Lincoln justified his suspension of habeas corpus by arguing that national security and the preservation of the Union took precedence over the importance of upholding a single law. He believed that the government and its body of laws would not exist if the Union fell, rendering the question of legality moot. Lincoln also felt that convening Congress to suspend the writ quickly enough to respond to an emergency was impractical, and that his actions as President were in line with his duties as commander-in-chief.

Lincoln's broad interpretation of executive power, his practical approach to presidential power, and his belief in emergency powers for the executive allowed him to take these controversial steps. He felt that his duty to preserve the Union overrode any other Constitutional obligations or restrictions.

Lincoln's suspension of habeas corpus was likely unconstitutional, and his failure to adhere to Supreme Court rulings on the matter was unlawful. However, his actions were justified by the extraordinary emergency crisis the nation faced, his limited use of suspension of habeas corpus for military purposes only, and his larger respect for the Constitution.

Lincoln's use of extra-constitutional power

Abraham Lincoln's use of extra-constitutional power was a highly debated topic during his presidency and remains so to this day. Lincoln's actions during the Civil War were unprecedented, and he was compelled to exercise executive authority in a remarkably broad manner. Lincoln's actions were deemed necessary for the preservation of the Union during the extraordinary times of the Civil War.

One of Lincoln's most controversial actions was the suspension of the writ of habeas corpus, which guaranteed one's right to take legal action against unlawful detention. Lincoln suspended habeas corpus for "disloyal persons" who could not be "adequately restrained by the ordinary processes of law" in an attempt to quell the southern rebellion. Many believed that Lincoln had gone too far without Congressional approval.

Lincoln also took other actions without Congressional authorization, such as calling up the militia, deploying the military, and imposing a blockade. However, he generally obtained authorization from Congress after acting, thus rendering his constitutional infringement slight.

Lincoln's conduct of the war demonstrated the need for a strong federal government in wartime, but also showed that it was possible to respect constitutional protections while dealing with a crisis. Lincoln recognized the significance of the challenge posed by secession and acted decisively in response, all while maintaining a sense of perspective about the proper institutional role of the presidency.

Lincoln's actions during the Civil War set a precedent for how to balance individuals' constitutional rights against governmental claims of national security, and his leadership during this crisis remains an example for his successors.

Lincoln's emergency powers

Abraham Lincoln's use of emergency powers during the American Civil War has been the subject of much historical debate. Lincoln's actions during the war, including the suspension of habeas corpus, the creation of a volunteer army, and the issuing of the Emancipation Proclamation, have been seen as both necessary and controversial.

Lincoln's use of emergency powers during the Civil War was informed by his belief that the Union must be preserved at all costs. He faced the challenge of interpreting the Constitution in an unprecedented crisis, and his actions reflected his understanding of the President's role as Commander-in-Chief. Lincoln's emergency powers included the following:

Suspension of Habeas Corpus

Lincoln's suspension of habeas corpus, or the right to take legal action against unlawful detention, is one of the most controversial aspects of his presidency. On April 27, 1861, Lincoln suspended habeas corpus for "disloyal persons" without Congressional approval, arguing that the Confederate rebellion created an emergency that permitted him to take this extraordinary action. This decision was struck down by the Federal District Court of Maryland in Ex Parte Merryman, but Lincoln ignored the order. The suspension of habeas corpus allowed Lincoln to arrest and imprison thousands of suspected Confederate sympathizers.

Creation of a Volunteer Army

Lincoln's proclamation "Proclamation 80 – Calling Forth the Militia and Convening an Extra Session of Congress" of April 15, 1861, called for the creation of a volunteer army to suppress the southern rebellion. He called for 75,000 militia to join the armed forces, which was later increased to 42,000 volunteers and an equal number of regular troops in "Proclamation 83 – Increasing the Size of the Army and Navy" on May 3, 1861. These actions were not authorized by Congress and went beyond Lincoln's constitutional powers.

Declaration of a Naval Blockade

Lincoln also declared a naval blockade of the southern ports of the Confederacy on April 19, 1861, without authorization from Parliament. This proclamation, "Proclamation 81 – Declaring a Blockade of Ports in Rebellious States," stated that "a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid." This action was part of Lincoln's strategy to cut off the South's trade and weaken their position.

Emancipation Proclamation

One of Lincoln's most significant uses of emergency powers was the Emancipation Proclamation, which declared freedom for the slaves in ten Confederate states on January 1, 1863. This proclamation was issued by Lincoln's authority as "Commander in Chief of the Army and Navy" under Article II, Section 2 of the United States Constitution. The Emancipation Proclamation was a controversial move that Lincoln anticipated would be challenged, and it sparked debate about the President's role in shaping legislation.

In conclusion, Lincoln's emergency powers during the Civil War were far-reaching and had a long-term impact on the actions of subsequent US Presidents. While some of his actions were later deemed unconstitutional, such as the suspension of habeas corpus, others were necessary to preserve the Union and have been upheld by the Supreme Court. Lincoln's actions during this crisis set a precedent for the use of emergency powers by the executive branch, shaping the understanding of "emergency situation" and the President's role in addressing national crises.

Frequently asked questions