An analysis of lincolns use of executive authority during the civil war

Michael Burlingame, Abraham Lincoln: His arguments in each case when contrasted can be show to be not only very different in character, but contradictory in spirit and opposite in direction; yet his object will throughout have remained the same…we cannot call this inconsistency. The only way a man can remain consistent amid changing circumstances is to change with them while preserving the same dominating purpose. Lincoln was also an idealist who believed that power must be exercised with principle.

An analysis of lincolns use of executive authority during the civil war

Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis

She was late to the field of history and spent a number of years in journalism before publishing Copperheads: When Lincoln first entered office in March ofthe executive branch was small and limited but grew in employment and power when he left.

Critics accused him of being a tyrant for ignoring a decision by the Chief Justice of the Supreme Court and for the suspension of habeas corpus. Other presidents during times of war cited Lincoln as a precedent and justification for enlarging their presidential power.

After the attack on Fort Sumter, Lincoln raised armies and waged war, which the Constitution allows only Congress to do.

An analysis of lincolns use of executive authority during the civil war

Lincoln also suspended habeas corpus—the most dramatic of his actions to some critics. Weber pointed out that in Article 1 of the Constitution, the Founders used habeas corpus in the passive voice, which caused its intent of who could suspend it to be confusing.

An analysis of lincolns use of executive authority during the civil war

Vallandigham was arrested, tried in military court and sentenced to spend time in military prison, which put Lincoln in a difficult situation. However, Weber said evidence suggests that Lincoln was rational in his responses of suspending habeas corpus as his level of response was proportional to the situation and really only happened in the border states.

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Lincoln wrote the Emancipation Proclamation — his most admired act — as a legal argument void of his usual ornate language, something which was done out of military necessity, and which he was able to do as Commander in Chief.

Before this new agency, the largest federal department at that time was the U. Those in the Provost Marshal General Bureau collected personal information and could force people against their will into the army.

Lincoln was not over-reaching or over-reacting when exercising his presidential power as compared to presidents Wilson and FDR. According to Weber, Lincoln faced an existential crisis while Wilson and FDR both committed gross violations of civil liberties as war-time presidents.

Wilson imprisoned communists who dissented because of their political inclinations and FDR targeted the Japanese to be put into internment camps without just cause.In the buildup to the Civil War during the winter of , Lincoln was largely quiet – preserving the powers that his election gave him without needlessly inflaming the South.

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There were a constellation of issues that Lincoln had to consider. Lincoln's construction of the executive power conformed to the design and intent of the Constitution. In the secession crisis Lincoln relied on the prerogative element in the executive power to prevent the destruction of the government.

Executive Authority:Lincoln's use of executive authority during the Civil War was almost always legal and justified. Though some of his acts did ride the line between legal and illegal politics his use of executive authority was always justified and, t /5(5).

Lesson Plans: Congress, the President, and the War Powers Summary: This lesson will explore the implementation of the war-making power from the first declared war under the Constitution—the War of —to the Iraq War. An Analysis of Lincoln's Use of Executive Authority During the Civil War PAGES 1.

WORDS View Full Essay. More essays like this: civil war, emancipation proclamation, executive authority. Not sure what I'd do without @Kibin civil war, emancipation proclamation, executive authority. The Gettysburg Address is a speech that U.S.

President Abraham Lincoln delivered during the American Civil War at the dedication of the Soldiers' National Cemetery in Gettysburg, Pennsylvania on the afternoon of Thursday, November 19, , four and a half months after the Union armies defeated those of the Confederacy at the Battle of Gettysburg.

Lincoln's Construction of the Executive Power in the Secession Crisis