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More than four decades after its initial publication this book is still the only one to focus exclusively on President Abraham Lincoln's role in modifying the Supreme Court membership to secure the power he needed to save the Union.
Author : David Mayer Silver Publisher : Urbana : University of Illinois Press Page : 296 pages File Size : 51,7 Mb Release : 1956 Category : United States ISBN : UOM:39015001940629
An examination of the justices in the Supreme Court who served during America's darkest hour, and how Lincoln was able to govern effectively, even though he stretched his Constitutional authority to the limits.
In a meticulously researched and engagingly written narrative, Brian McGinty rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict. Lincoln was, more than any other president in the nation's history, a "lawyerly" president, the veteran of thousands of courtroom battles, where victories were won, not by raw strength or superior numbers, but by appeals to reason, citations of precedent, and invocations of justice. He brought his nearly twenty-five years of experience as a practicing lawyer to bear on his presidential duties to nominate Supreme Court justices, preside over a major reorganization of the federal court system, and respond to Supreme Court decisions--some of which gravely threatened the Union cause. The Civil War was, on one level, a struggle between competing visions of constitutional law, represented on the one side by Lincoln's insistence that the United States was a permanent Union of one people united by a "supreme law," and on the other by Jefferson Davis's argument that the United States was a compact of sovereign states whose legal ties could be dissolved at any time and for any reason, subject only to the judgment of the dissolving states that the cause for dissolution was sufficient. Alternately opposed and supported by the justices of the Supreme Court, Lincoln steered the war-torn nation on a sometimes uncertain, but ultimately triumphant, path to victory, saving the Union, freeing the slaves, and preserving the Constitution for future generations.
Author : Charles Grove Haines Publisher : Univ of California Press Page : 544 pages File Size : 54,9 Mb Release : 2023-11-10 Category : Law ISBN : 9780520350366
The Role of the Supreme Court in American Government and Politics, 1835-1864 by Charles Grove Haines Pdf
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.
Author : James F. Simon Publisher : Simon and Schuster Page : 1116 pages File Size : 42,8 Mb Release : 2012-02-07 Category : History ISBN : 9781451671636
The Presidents and the Supreme Court by James F. Simon Pdf
Collected together, James F. Simon’s books share the bitter struggles and compromises that have characterized the relationship between the presidents and the Supreme Court Chief Justices across US history. The bitter and protracted struggle between President Thomas Jefferson and Supreme Court Chief Justice John Marshall; the frustration and grudging admiration between FDR and Chief Justice Hughes; the clashes between President Abraham Lincoln and Chief Justice Roger B. Taney. These were the conflicts that ended slavery, that rescued us from the Great Depression, and that defined a nation—for better and for worse. And, Simon brings them to brilliant and compelling life.
"Lincoln's Humor" and Other Essays by Benjamin P. Thomas Pdf
This volume gathers the best previously unpublished and uncollected writings on Abraham Lincoln and Lincoln scholarship by one of his great biographers, Benjamin P. Thomas. A skilled historian and a masterful storyteller himself, Thomas was widely regarded as the greatest Lincoln historian of his generation. With these essays, he combines historical depth with narrative grace in delineating Lincoln's qualities as a humorist, lawyer, and politician. From colorful tall tales to clever barbs aimed at political opponents, Lincoln clothed a shrewd wit in a homespun, backwoods vernacular. He used humor to defuse tension, illuminate a point, put others at ease--and sometimes for sheer fun. From an early reliance on broad humor and ridicule in speeches and on the stump, Lincoln's style shifted in 1854 to a more serious vein in which humor came primarily to elucidate an argument. "If I did not laugh occasionally I should die," he is said to have told his cabinet, "and you need this medicine as much as I do." Thomas brings his deep knowledge of Lincoln to essays on the great man's tumultuous career in Congress, his work as a lawyer, his experiences in the Courts, and his opinions of the South. A gracious survey of Lincoln's early biographers, particularly Ida Tarbell, stands alongside an appreciation of Harry Edward Pratt, a key figure in the early days of the Abraham Lincoln Association. Thomas also assesses Lincoln's use of language and the ongoing significance of the Gettysburg Address. This diverse collection is enhanced by an introduction by Michael Burlingame, himself a leading biographer of Lincoln. Burlingame provides a balanced portrait of Thomas and his circuitous path toward writing history.
Abraham Lincoln and the End of Slavery in the District of Columbia by Robert S. Pohl,John R. Wennersten Pdf
Slaveryâfuriously debated, yet recognized in the Constitutionâwas a stain on the nationâs consciousness since the founding of the Republic. As the country grew, legal battles erupted over the fate of fugitive slaves and the rights of slave-owners to take their property into free states. Nowhere was the issue more sharply drawn than in the nationâs capital, where government leaders saw first hand the shame and disgrace of legal slavery and the inherent moral conflict with guarantees in the Declaration of Independence. Decades of agitation for change came to fruition on April 16, 1862, when Abraham Lincoln signed legislation that ended slavery in the District of Columbiaânine months before the Emancipation Proclamation, which liberated slaves only in the Confederacy, and a full three years before ratification of the Thirteenth Amendment.
"Abraham Lincoln has long been considered the greatest president by scholars of American history. According to legal scholars, he could just as easily have been one of the foremost lawyers in the nation had he not become president." "Lincoln practiced law for about twenty-five years, mainly in the circuit courts of Illinois. However, he was hardly a hick country lawyer. In contrast, Lincoln was an incisive, determined, and assertive litigator with an overwhelming caseload. He sought out new business for his law firm and cared about earning a comfortable living." "A ten-year research project, the Lincoln Legal Papers, discovered thousands of yellowed legal documents in musty and dusty courtroom basements. Those handwritten legal papers related to more than 5,000 cases that Lincoln handled, more than 400 before the supreme court of Illinois. In addition, Lincoln appeared before justices of the peace, circuit court judges, and even the Supreme Court of the United States." "For the first time, this book uses the newly discovered legal documents to tell the story of more than sixty of Lincoln's cases. Many of these cases have never been written about previously. Allen D. Spiegel describes how Lincoln the lawyer handled a staggering variety of cases involving arbitration, assault and battery, bad debt, bankruptcy, bastardy, bestiality, breach of marriage, divorce, impeachment of an Illinois justice, insanity, land titles, libel, medical malpractice, murder, partnership dissolution, patent infringement, personal injuries, property damages, rape, railroad bonds, sexual slander, slave ownership, and wrongful dismissal."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Lincoln, the Law, and Presidential Leadership by Charles M. Hubbard Pdf
"The essays in this book focus on Lincoln's views on the rule of law and the Constitution and expose the difficulty and ambiguity associated with the protection of civil rights during the Civil War"--
Debates of Lincoln and Douglas by Digital Scanning Inc Pdf
Carefully recorded by reporters in 1858, the debates between Stephen A. Douglas and Abraham Lincoln resulted in a win by Douglas in his campaign for U.S. Senate. In contrast to Douglas's Popular Sovereignty stance, Lincoln stated that the country could not survive as half-slave and half-free states. The Lincoln-Douglas debates drew the attention of the entire nation and set the stage for Lincoln's successful 1860 race for the United States Presidency.
These debates are perhaps the most consequential artifact of American election campaigning and its political arguments. The political debates took place between the Honorable Abraham Lincoln and the Honorable Stephen A. Douglas in the celebrated campaign for a United States Senate seat in 1858, in Illinois. The debates were carefully recorded by the reporters of each party at the times of their delivery and originally published in 1860 by Follett & Foster. The debates were held at seven sites throughout Illinois, one in each of the Congressional Districts. Also included are the preceding speeches of each candidate at Chicago, Springfield, etc., as well as the two great speeches of Lincoln in Ohio, in 1859. Douglas, a Democrat, was the incumbent senator, having been elected in 1847. He had chaired the Senate Committee on Territories. He helped enact the Compromise of 1850. Douglas then was a proponent of Popular Sovereignty, and was responsible for the Kansas-Nebraska Act of 1854. The legislation led to the violence in Kansas, hence the name "Bleeding Kansas." Lincoln was a relative unknown at the beginning of the debates. In contrast to Douglas' Popular Sovereignty stance, Lincoln stated that the United States could not survive as half-slave and half-free states. The Lincoln-Douglas Debates drew the attention of the entire nation. Although Lincoln would lose the Senate race in 1858, he would beat out Douglas in the 1860 race for the United States Presidency.
Abraham Lincoln and the US Constitution, 1861-1865 by Nicolas Gachon Pdf
This volume offers a historical and documented account of the constitutional issues underlying President Abraham Lincoln’s determination to save the Union between 1861 and 1865. It provides students of US history and politics with a simple, precise approach to the complex power game between the three branches of the federal government. While both the Civil War and the Emancipation issue are present across the different chapters, the book focuses on constitutional issues to provide a clear analysis of the way Lincoln used or misused the US Constitution in a context of emergency.
