Subsequent Developments The Presidency in Practice

1
Subsequent Developments The Presidency in
Practice

• Session 10

2
The Presidency of Abraham Lincoln Subverting the
Republic to Save It

• Abraham Lincoln was the last Nineteenth Century
  president to make an important contribution to
  the theory and practice of the executive.
• Lincolns accomplishments came out of a national
  crisis that threatened to destroy the foundations
  of constitutional democracy in the U.S.

3
The Potential to Assume Extraordinary Powers in a
National Emergency

• Whether Lincolns choices strengthened or
  weakened constitutional democracy is a mater of
  dispute.
• Again raised questions about the appropriate
  place of executive power in the American
  political system.

4
Getting There

• Lincoln began his career as a Whig, opposed to
  the Jacksonian Democrats expansion of
  presidential power
• In the House, Lincoln opposed Polks war with
  Mexico
• Slavery should be resolved through other means

5
Once In Power

• Lincolns goal was to save the union, not save or
  destroy slavery
• But freedom for slaves was necessary to have a
  nation that fit with the spirit of the Founders
  liberty for all

6
Lincoln and Slavery

• Lincoln was not an abolitionist but . . .
• Missouri Compromise was reversed by
• Kansas-Nebraska Act of 1854
• Dred Scott in 1857

7
The 1860 Elections

• No mandate
• Chosen because the Republicans believed he could
  attract Democratic votes in the Midwest, but was
  not beloved by all Republicans

8
Lincoln and Secession

• South Carolina first, followed by six other
  states including us
• Lincoln says, fine sentiments be hanged!
• Relied on Jacksons precedents of presidential
  power

9
Lincolns Wartime Measures

• Enlarged the military without asking Congress
• Suspended the writ of habeas corpus
• No warrant
• No law
• No regular court
• Imposed a Naval blockade

10
The Response and the Negative Spaces

• Prize Cases
• Ships were seized in wartime action but
  Congress had not declared war
• Court found that the president had acted properly
  because Congress was not in session
• War was characterized as an insurrection
• Ex Parte Milligan
• Military courts cannot be used when civilian
  courts are functioning
• Restricted presidential power but was not decided
  until after the war was over.
• Congress and the Court responded, but
  presidential power prevailed

11
Emancipation Proclamation

• Exercising restraint Lincoln only freed the
  slaves in the unconquered confederate territory
• Using the carrot and not the stick, in
  reconstruction, Lincoln gave amnesty to all who
  abided by the wartime proclamation
• Strength in moral stand

12
Election of 1864

• Lincoln allowed it to go forward believing that
  he would loose
• This is indicative of his strong attachment to
  democratic government and the principles of the
  Constitution
• Elections were free and fair

13
Lincolns Legacy

• A more expansive and positive view of liberty
• Government has a responsibility to play an active
  role in providing liberty
• The Bill of Rights limited government, the Civil
  War Amendments expanded power