Lincoln's Actions During the Civil War: Expanding Federal Power at the Expense of Constitutional Rights

The Civil War marked a significant transition in the United States, with many changes occurring that reshaped the relationship between the federal government and the states. Perhaps no individual played a more pivotal role in this transformation than Abraham Lincoln. In this article, we explore how Lincoln's policies and actions during the Civil War expanded the power of the federal government, often at the expense of constitutional rights. We will delve into specific instances where Lincoln's actions violated the Constitution and discuss the long-term consequences of these changes.

Expansion of Federal Power

During the Civil War, the federal budget skyrocketed from $78 million in 1860 to $530 million in 1866, funding the massive military efforts required to bring the Confederacy back into the Union. This expansion of federal power was facilitated by a series of actions taken by Lincoln that went beyond the precedent set by previous presidents. Here are some of the key ways in which Lincoln expanded federal power:

1. Bypassing Congress for Military Mobilization

In the aftermath of the Battle of Fort Sumter, Lincoln called up an army of 75,000 men to suppress the rebellion. This action, taken without a prior declaration of war, violated the Constitution's requirement for Congress to be notified first before mobilizing military forces. Lincoln's unilateral decision to draft troops set a precedent that would be mimicked by subsequent presidents.

2. Suspension of Habeas Corpus

Lincoln also suspended the writ of habeas corpus, a crucial constitutional safeguard that ensures individuals cannot be held indefinitely without charge. By doing so, he gave himself the power to imprison civilians without a trial, a move that set a dangerous precedent for future emergencies.

3. Emancipation Proclamation

Perhaps the most controversial action taken by Lincoln was the issuance of the Emancipation Proclamation. While the document declared freedom for slaves in the rebelling states, it did not apply to slaves in the Union states. This act, while lauded by many as a groundbreaking civil rights moment, was a clear violation of the Constitution, which grants Congress—not the President—the authority to regulate interstate commerce and enact laws regarding slavery.

4. Closure of Newspapers and Arrests

Lincoln censored press by arresting editors, publishers, and publishers of newspapers that criticized his policies. He even shut down over 300 northern press outlets, a clear violation of the First Amendment. Thirteen thousand to twenty thousand civilians were also imprisoned without trial, causing outrage and setting a dangerous precedent for government censorship.

5. Unilateral Actions Against Southern States

Lincoln's administration also took significant steps to maintain control over Southern states by force. For instance, he sent troops to enforce his policies in Maryland, a Union state, leading to numerous arrests and even the bombardment of Baltimore. These actions directly violated the Second Amendment, which protects the right to bear arms, and the Fourth Amendment, which guarantees the right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures.

Consequences of Expanding Federal Power

The expansion of federal power during the Civil War had lasting consequences. By taking actions that exceeded the powers granted to the President by the Constitution, Lincoln set a dangerous precedent that presidents could use their authority to override the rights and laws of the states. This shift in power has had far-reaching effects on American society, particularly regarding civil liberties and the balance of power between the federal government and the states.

Conclusion

Abraham Lincoln's actions during the Civil War marked a significant shift in the balance of power between the federal government and the states. While some may argue that these actions were necessary to preserve the Union, they also violated fundamental constitutional principles and set dangerous precedents for future presidential misuse of power. As we evaluate Lincoln's legacy, it is important to consider the trade-offs and long-term consequences of his actions.

Additional Resources

For a deeper dive into the constitutional issues raised by Lincoln's actions during the Civil War, consider the following sources:

"Abraham Lincoln" - "The Civil War: The Senator's Story" - Library of Congress "The Constitutional Controversy Surrounding Lincoln's Suspension of Habeas Corpus" - PubMed "Lincoln, Abraham (1809–1865, 16th U.S. President)" -