Lincoln's use of executive authority during the Civil War "Was Lincoln's use of executive authority during the civil war constitutional?" By: David Aslam

Essay by kaslamHigh School, 12th gradeA+, March 2003

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Executive Authority:

Lincoln's use of executive authority during the Civil War was almost always legal and justified. Though some of his acts did ride the line between legal and illegal politics his use of executive authority was always justified and, though it can be argued that some of his policies were illegal, they were never morally wrong. His suspension of habeas corpus was, by far, the most controversial but was necessary because of the current situation. His policies in regards to freedom of the press and the military draft were both justified by the need for the safety of the nation as a whole, which transcends all other priorities. Lincoln's use of executive authority when instituting emancipation was both legal and justified. Though it said more than it did the emancipation proclamation was one of the most important steps Lincoln took during the Civil War.

Lincoln's suspension of habeas corpus was the most controversial act brought about by his executive authority.

Though some people view the proclamation of emancipation as more controversial, it was predictable and inevitable while the suspension of habeas corpus was an act that no one fathomed Lincoln would ever dare undertake. Because the country was at war and with what the North held to be their own citizens the writ of habeas corpus, in the interest of national security, had to be withheld until the wars conclusion. If Lincoln would have allowed habeas corpus to continue the court system would have been clogged and skewed and prisoners of war would be allowed free. The only way to safe guard against this was to suspend the writ of habeas corpus.

Lincoln's use of executive authority with the freedom of the press and the military draft were both extremely justifiable. Because of the situation Lincoln had...