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"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."--Jacket.… (más)
KingRat: Lincoln's Constitution covers similar ground as Perilous Times, but limits itself to the Civil War years. It also covers secession and the use of force, which aren't first amendment issues.
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Professor Farber systematically analyzes constitutional issues of Lincoln's presidency and the Civil War. His primary focus is on whether secession was constitutional, whether Lincoln's decision to go to war without Congressional approval was constitutional and whether the suspension of habeas corpus was constitutional. Two of those questions have import for Americans today.
The author is a law professor, but the work is not intended only for the legal community. Farber's knowledge of Lincoln and his times shines as he frames the constitutional questions and analysis with the history of the time. Further, he considers the development of constitutional theory as he compares Lincoln's actions to those of subsequent presidents in times of crisis.
Anyone interested in Lincoln, the Civil War or history of the constitution will appreciate this book. ( )
I read Geoffrey Stone’s Perilous Times a couple of years ago. Daniel Farber’s Lincoln’s Consitution has a similar focus, but covers only the Civil War rather than the entirety of the history of civil liberties during troubled times. In addition to examining whether the Lincoln administration’s curtailment of civil liberties during the Civil War was constitutional, Farber also looks at the question of secession and use of military force against the south. Farber’s conclusion is that most of Lincoln’s actions were constitutional.
"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."--Jacket.
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The author is a law professor, but the work is not intended only for the legal community. Farber's knowledge of Lincoln and his times shines as he frames the constitutional questions and analysis with the history of the time. Further, he considers the development of constitutional theory as he compares Lincoln's actions to those of subsequent presidents in times of crisis.
Anyone interested in Lincoln, the Civil War or history of the constitution will appreciate this book. (