Lincoln Saved the Union. Did He Violate the Constitution? 

Did Abraham Lincoln really have to break the very rules he swore to uphold to save the nation? It’s a tough question, isn’t it? As the Civil War raged on, Lincoln faced a monumental dilemma: how far should a leader go to protect the country when the Constitution seemed to get in the way? He made some bold and controversial choices—suspending habeas corpus, expanding executive powers, and even issuing the Emancipation Proclamation. But were these actions truly necessary for winning the war, or did he step over the line?

In this episode of This Constitution, hosts Savannah Eccles Johnston and Matthew Brogdon dive into the challenging decisions Lincoln had to make during this turbulent time. They explore his suspension of habeas corpus and his decision to raise troops without congressional approval, all while trying to keep the nation together. Lincoln believed that extraordinary times called for extraordinary measures, and he thought the Constitution allowed for that. But how do we reconcile that with the importance of constitutional limits?

Join Savannah and Matthew as they discuss the tension between executive power and constitutional boundaries, revealing the complexities of Lincoln’s thinking during a national crisis. This isn’t just about history; it’s about understanding what leadership means when the stakes are high and the rules feel like they might hold us back.

In This Episode:

• (00:27) Introduction to the episode  
• (00:57) Lincoln's justification for actions  
• (01:16) Suspension of habeas corpus  
• (02:23) Lincoln's political background  
• (03:49) Lincoln's election context  
• (04:35) Lincoln's stance on slavery  
• (05:42) Emancipation Proclamation justification  
• (06:05) Constitutional authority for actions  
• (07:41) Lincoln's executive power  
• (08:14) Congressional session and justifications  
• (09:47) Lincoln's argument for emergency powers  
• (10:01) Constitutional powers and rebellion  
• (11:01) Military necessity and emancipation  
• (11:46) Habeas Corpus historical context  
• (13:11) Judicial challenge to habeas corpus  
• (15:07) Lincoln's defiance of the court  
• (15:19) Lincoln's newspaper strategy  
• (15:52) Arrest of Mr. V  
• (16:11) Democrats' declaration  
• (17:30) Lincoln's justification  
• (18:29) Harmful agitation  
• (19:10) Geographic scope of rebellion  
• (20:19) Distinction from martial law  
• (22:19) Lincoln's constitutional defense  
• (23:00) Declaration of war debate  
• (24:34) Supreme Court's take  
• (25:18) Extraordinary powers debate  
• (26:40) Constitutional integrity