in Lincoln's Constitution

Published by University of Chicago Press

Published in print May 2003 | ISBN: 9780226237930
Published online March 2013 | e-ISBN: 9780226237954 | DOI:

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The Civil War experience illuminates the deepest, most critical constitutional issues. The extraordinary circumstances of the war have never been repeated. But American history has time and again raised questions about state sovereignty versus national power, executive authority versus congressional prerogatives, and individual rights versus national security. The constitutional analysis may help provide a perspective on the historical events. Intense constitutional debates permeated the Civil War era. The tools of constitutional analysis are the language of the document, its historical context, judicial precedents, and the lessons of the nation's history, and can provide reasonable confidence about the better reading of the Constitution, even if complete proof is impossible. Lincoln's actions raise grave questions about the status of individual rights during national emergencies, another issue that has become unexpectedly germane today.

Keywords: Civil War; individual rights; sovereignty; judicial precedents; national security

Chapter.  2016 words. 

Subjects: History of the Americas

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