Lincoln's Constitution
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Overview
"The Civil War brought pressure on the Constitution that had never been seen before and hasn't been seen since, testing the document in much the same way as an engineer tests his materials to destruction to assess their structure. Did the South have the right to secede? Did Abraham Lincoln trample on the Bill of Rights? Can the president go to war without congressional approval? What is the nature of the Union, and what are the limits of states' rights? Forced to confront these issues during the Civil War, Lincoln ran squarely into the conflicts at the heart of our Constitution, conflicts that remain with us today." "Daniel Farber's purpose in Lincoln's Constitution is to lead the reader to understand exactly what Lincoln did, what arguments he made in defense of his actions, and how his words and deeds fit into the context of the times. Farber sets the constitutional problems that arose during Lincoln's term within their historical moment, as illuminated by recent work by historians, and investigates how well Lincoln's views hold up today - over a century later. The answers are crucial not only for a better understanding of the Civil War but also for shedding light on issues that the courts struggle with now: state sovereignty, presidential power, and national security limitations on civil liberties." The first comprehensive evaluation of Lincoln's legal legacy in over seventy-five years, Lincoln's Constitution is a marvelous blending of history and constitutional thought. Written for the general reader, its insights speak urgently to us as our nation again finds itself in a time of danger and the limits of constitutional law are once more being tested.Synopsis
In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
The New York Times
Farber has written a timely and important book, which should provoke fruitful discussion of enduring issues of civil liberties and judicial philosophy. — Richard A. Posner