Executive Powers Definition
This historical study will define the unconstitutional and excessive abuse of executive powers of president Lincoln’s civil war administration. The illegal detainment of anti-Union proponents and the suspension of Habeas Corpus define one example of an unconstitutional abuse of presidential powers under Lincoln. Constitutional legal precedent illustrates the illegality of suspending Habeas Corpus, the Union naval blockade, and the Emancipation proclamation through the executive branch. Locke’s “prerogative” for exceptional circumstances during a time war cannot apply to the concept of a checks and balances in government, which Lincoln violated through singular acts of power to make war with seceding states. The dangerous precedent of declaring …show more content…
coast. This militarism is an extension of martial law, which sought to prevent the South from autonomously trading with Europeans and to economically starve them into submission. More so, the development of Lincoln’s militarism expanded into building of a massive Union army, which was to work in tandem with the navy to return the Southern states to the Union. These aspects of executive powers define the overt militarism of Lincoln’s reaction to secession, which defined the undercurrent of tolerance in the Constitution for slavery. In this manner, the militarization of the U.S. government relied heavily on Lincoln’s presidential powers to enforce and aggressively avoid Congressional approval of acts, such as the Emancipation Proclamation, and the other aspects of legal authority through the …show more content…
Locke’s vision of “prerogative” acknowledges certain instances in which a leader may act autonomously if it benefits the greater good of society. In this perspective, Lincoln could arguably have been justified in his suspension of habeas Corpus and the resulting presidential powers that led to the Emancipation Proclamation, yet these examples of unconstitutional acts become multiplied over the course of the Civil War. However, Lincoln implemented the suspension of Habeas Corpus as part of a broader implementation of martial throughout the South. More so, Lincoln finds these examples of executive overreach to be a long-term pattern that define something more than a single example of prerogative in the philosophy of John Locke. In fact, Locke defines the threat of absolute monarchy as a dangerous aspect of political eldership that becomes systemic in terms of legal authority in
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150 Words | 1 PagesDid Lincoln free the slaves, or did they free themselves? Many people would debate that Lincoln freed the slaves. Lincoln issued the Emancipation Proclamation, stating all slaves in the rebellious state were free. This may have led to the slaves being freed.
Why Did Lincoln Create The Emancipation Proclamation?
470 Words | 2 PagesWhen word would spread to the south that slaves could be freed, Lincoln strongly believed that these slaves would revolt against their owners, so that they could do what they can to help the Union defeat the Confederacy in the Civil War. However, this move was very risky as it could have swayed the border states from helping the Union into joining the Confederacy. But in the end, Lincoln himself came to the conclusion that slavery was morally incorrect and went through with his decision, by creating the Emancipation Proclamation and freeing the slaves in the Confederate territory. There were many causes for Lincoln to create the Emancipation Proclamation, especially considering the time period it was created in. However, the Civil War was the major contributer to the creation of the Emancipation Proclamation as it was the turning point for the relationship between slaver supporters (south) and non slave supporters (north).
Taking A Look At The Logic Of Presidential Unilateral Action
557 Words | 3 PagesThe logic of presidential unilateral action appears to be focused on two issues. The first is the nature of when presidents are likely to act unilaterally. The second appears to be how these actions shape the relationship between branches of government. While there seems to be concern as to the institutional effects of an increased use of unilateral action, it seems to be a natural result of ambiguity and institutional limitations on the presidency.
Robert Smalls: Captain On The CSS Planter
647 Words | 3 PagesMany politicians felt this was a white man’s war and slaves had no right to fight this war. Slaves were not allowed to fight, all this changed when Lincoln issued the Emancipation Proclamation, it declared “ That all person held as slaves within the Confederate states should be free. Although it did not end slavery in the nation it gave people hope and uplifted the moral of blacks. Fredrick Douglas convinced Abraham Lincoln that African Americans were ready to fight and serve the Union.
Secession Was A Failure In Democracy
251 Words | 2 PagesIn the months following the election of Abraham Lincoln as President of the United States, seven southern states seceded from the Union and formed the Confederate States of America. This was done primarily as a response to Lincoln’s election, as Lincoln did not support the institution of slavery, a crucial aspect of Southern society. Secession from the United States meant that these states would form a separate country from the United States with its own government and military. Some have speculated that secession was failure in democracy, that democracy should have prevented such a large part of the United States to be so unhappy with its government that it would form a new country. However, it was the American system of democracy that laid
Abraham Lincoln's Suspension Of Habeas Corpus
559 Words | 3 PagesAfter the Emancipation Proclamation, in 1861 Lincoln decided to issue yet another executive order, suspension of Habeas Corpus. Habeas Corpus is a legal guarantee, which gives the individual the right to know why he or she is being arrested and to be entitled to a trial. It is important to notice that Abraham Lincoln has suspended Habeas Corpus on numerous occasion during the Civil War (Foner, p.98-99). The reason I choose to focus on the executive order form March 3rd, 1983, is because at that time Lincoln suspended Habeas Corpus throughout the whole North. We must also acknowledge that Abraham Lincoln was much more careful inn suspending civil liberties during a war, than other American presidents in U.S history.
Essay On Abraham Lincoln's Abuse Of Presidential Power
919 Words | 4 PagesThroughout history , presidents have taken different steps in abusing the executive orders and other presidential directives. Many citizens expressed different views over the executive abuse and benefits the presidents have. The increased use of executive legislation in the absence of challenges from Congress has expanded the power, boundaries, and pose a serious threat to the democracy.
Why Did African Americans Win The Civil War
747 Words | 3 PagesTo prevent the country to split completely, Lincoln decided to fight the South. On January 1, 1863 Abraham Lincoln issued the Emancipation Proclamation, which declared “that all persons held as slaves" within the rebellious states "are, and henceforward shall be free. " This would actually not free any slaves until the southern states had been recaptured by the North, but as the southern states were captured the slaves in that state would become
How Did Slavery Cause Secession
1451 Words | 6 Pages‘Slavery was the root cause of secession’. ‘November 6 1860, Lincoln was elected president of America which resulted in panic emerging in the South’ . The election of Lincoln as president who was a Republican leader meant that ideologies, movements and values from the North would be implemented in the South which meant the abolition of slavery. Slavery was a huge characteristic of the South as the economy; politics; social status and psychological mind-sets were influenced by the process of slavery. The southern white population then derived the idea of secession which meant the South would gain independence from Northern aggression .
Abraham Lincoln Moral Leadership Essay
672 Words | 3 PagesThis historical study will define the moral leadership of Abraham Lincoln’s role as president during the Civil War. Lincoln’s role as an anti-Slavery supported in the north provided the necessary moral leadership to sustain a complex war involving the continued argument about the continued existence of the institution of slavery. In this context, Lincoln had not previously been a supporter of the northern abolitionist movements before becoming president, yet throughout the Civil War, he incrementally began to realize the political and moral implications of slavery as a dire threat to American freedoms. Lincoln’s opposition to slavery during his presidency defined a major change in U.S. history, which galvanized the North to challenge the dominance of pro-slavery in the South. This commitment to ending slavery formed the foundation of Lincoln’s role as a liberator of African-American slaves as a defining factor of the war.
Locke Vs Tocqueville Analysis
1084 Words | 5 PagesIntroduction: While freedom as a concept feels fairly intuitive, nuances in interpretation can change the basis of an argument. John Locke’s Second Treatise of Government and Alexis de Tocqueville’s Democracy in America do not define liberty in precisely the same way, which in turn guides two different visions in how a government should function. When examining a core concept in an argument, it is important to inquire to whether its treatment is adequate. Is either definition of liberty sufficient, and does either author’s envisioned government adequately address liberty in that system? This paper will argue that Locke’s definition of liberty remains in the literal sphere while Tocqueville’s is more conceptual, but neither Locke’s nor Tocqueville’s
Thomas Jefferson DBQ Essay
534 Words | 3 PagesThe presidency of Thomas Jefferson, taking place between 1801 and 1809, was the third in America and the first with a Democratic-Republican as the head of the executive branch. Many have questioned the morals of Jefferson in his time in office, and to truly find out his virtues, one must analyze multiple media sources ,both written by and about Jefferson, himself, in the early nineteenth century. As a Democratic-Republican, it is clear that Jefferson was in favor of minimizing the power of the federal government, and maximizing the power given to state governments and the citizens who live under them. Although, at certain points in his presidency, Thomas moved away from his morals or, sometimes, abandoned them entirely, Jefferson was, to a larger extent, a principled leader.
Why Did The American Civil War Was Inevitable?
707 Words | 3 PagesTwo fundamental questions normally surround the history of any war: whether the war was inevitable and if it was necessary. These same questions emerge any time during debates regarding the American Civil war. The most cited cause of the Civil war is the secession of certain southern states that formed the Confederate States of America in January 1861. Thomas Bonner writes "Civil War Historians and the "Needless War" Doctrine" arguing that Southern Carolina seceded in 1860, followed by six other states by January the following year. A deep analysis of the events leading to the war indicates that the Union and the Confederates had profound ideological, economic, political, and social differences.
An Analysis Of Irene Hunt's Across Five Aprils
1001 Words | 5 PagesThe war began as a struggle to preserve the Union, but not a struggle to free the slaves, and many in the North and South felt that the conflict would decide both issues at last. Many slaves escaped to the North in the early years of the war, and several Union generals established abolitionist policies in the Southern land that they conquered. Congress passed laws permitting the seizure of slaves from the property of rebellious Southerners. On September 22, 1862, President Abraham Lincoln presented the Preliminary Emancipation Proclamation. On December 6, 1865, eight months after the Civil War ended, the United States adopted the 13th Amendment to the Constitution, which outlawed the practice of
Benito Mussolini The Doctrine Of Fascism Analysis
832 Words | 4 PagesBy explicitly listing the different elements of civil interest, Locke sets relatively clear boundaries for government control. Additionally, Locke places far greater emphasis on the government leader’s responsibility to the people than Mussolini. Locke also states that “God certainly appointed government to restrain the partiality and violence of men” (pg. 86). The leader’s responsibility to the people further indicates Locke’s belief that government should exist to serve the people and to minimize negative human actions. The conflict between the Fascist regime in Fatherland and Locke’s political theory is the involvement government should have with its
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