Lincoln argued that the means appropriate for an emergency are not appropriate for normal times. As he wrote to James Conkling in August 1863, “I think the Constitution invests its commander-in-chief, with the law of war, in time of war.” In addition to the commander-in-chief clause, he found his war power in the clause of Article II requiring him to “take care that the laws be faithfully executed,” and his presidential oath “to preserve, protect, and defend the Constitution of the United States.” But many constitutional scholars have rejected Lincoln’s claim that the commander-in-chief clause and the “faithfully execute” clause provide an inherent presidential war power.
Lincoln believed the power he needed to deal with the rebellion was a part of the executive power found in the Constitution. Later, he authorized conscription and issued the Emancipation Proclamation. He took these steps without congressional authorization. In 1861, Lincoln issued a call for 75,000 volunteers to serve 90 days in the military, claiming that he faced a rebellion “too powerful to be suppressed by the ordinary course of judicial proceedings.”Ĭlaiming broad emergency powers he argued the Constitution had vested in the executive branch, he called on the militia, authorized increases in the size of the regular army and navy, expended funds for military purchases, deployed military forces, blockaded Southern ports, suspended the writ of habeas corpus in certain areas, authorized arbitrary arrests, and empaneled military tribunals to try civilians in occupied or contested areas. Indeed, Lincoln has been described by historians-both those who praise him and those who criticize him-as a dictator far more than any other president. At the least, his critics and even some supporters argue he acted as a dictator. Was Lincoln a tyrant? Over the years, many have answered in the affirmative. Note that the arguments in this essay are not the personal views of the scholars but are illustrative of larger historical debates. Then, complete the comparison questions that follow.
Read the two arguments in response to the question, paying close attention to the supporting evidence and reasoning used for each. Were the actions of Abraham Lincoln during the Civil War tyrannical or consistent with the ideals of republican government? Instructions Use this Point-Counterpoint alongside the Clement Vallandigham and Constitutionalism Narrative to introduce students to the arguments for and against Lincoln’s exercise of power during the Civil War.Written by: (Claim A) Mackubin Owens, Foreign Policy Research Institute (Claim B) Allen Guelzo, Princeton University Suggested Sequencing
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