During Lincoln's presidency, he was criticized for taking what were considered "extra-constitutional measures." But in the end, the verdict of history is that Lincoln's use of power did not constitute abuse since every survey of historians ranks Lincoln as number one among the great presidents.4
Far harsher would have been his denunciation if the whole American experiment of a democratic Union had failed--as seemed possible given the circumstances. If such a disaster occurred, what benefit would have been gained by adhering to a fallen Constitution? It was a classic example of the age-old conflict in a democracy: how to balance individual rights with security for a nation.
In the words of historian James G. Randall: "No president has carried the power of presidential edict and executive order (independently of Congress) so far as [Lincoln] did.... It would not be easy to state what Lincoln conceived to be the limit of his powers."5
In the 80 days that elapsed between Abraham Lincoln's April 1861 call for troops--the beginning of the Civil War--and the official convening of Congress in special session on July 4, 1861, Lincoln performed a whole series of important acts by sheer assumption of presidential power. Lincoln, without congressional approval, called forth the militia to "suppress said combinations,"6 which he ordered "to disperse and retire peacefully" to their homes.7 He increased the size of the Army and Navy, expended funds for the purchase of weapons, instituted a blockade--an act of war--and suspended the precious writ of habeas corpus, all without congressional approval.
Lincoln termed these actions not the declaration of "civil war," but rather the suppression of rebellion.8
https://www.heritage.org/defense/report/abraham-lincoln-and-civil-liberties-wartime
Far harsher would have been his denunciation if the whole American experiment of a democratic Union had failed--as seemed possible given the circumstances. If such a disaster occurred, what benefit would have been gained by adhering to a fallen Constitution? It was a classic example of the age-old conflict in a democracy: how to balance individual rights with security for a nation.
In the words of historian James G. Randall: "No president has carried the power of presidential edict and executive order (independently of Congress) so far as [Lincoln] did.... It would not be easy to state what Lincoln conceived to be the limit of his powers."5
In the 80 days that elapsed between Abraham Lincoln's April 1861 call for troops--the beginning of the Civil War--and the official convening of Congress in special session on July 4, 1861, Lincoln performed a whole series of important acts by sheer assumption of presidential power. Lincoln, without congressional approval, called forth the militia to "suppress said combinations,"6 which he ordered "to disperse and retire peacefully" to their homes.7 He increased the size of the Army and Navy, expended funds for the purchase of weapons, instituted a blockade--an act of war--and suspended the precious writ of habeas corpus, all without congressional approval.
Lincoln termed these actions not the declaration of "civil war," but rather the suppression of rebellion.8
https://www.heritage.org/defense/report/abraham-lincoln-and-civil-liberties-wartime
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