Name the laws that Abe Lincoln Broke?

Question

Here are some.Coercion in 1861. Article IV.

Laws of Neutrality -- Trent Affair. Article VI, Clause 2 -- Violation of International Law.

Writ of Habeas Corpus Suspended. Article I, Section IX, Clause 2.

War Declared Without the Consent of Congress, 1861. Article I, Section VIII, Clauses 11, 12.

Emancipation Proclamation. Article IV, Section III, Clause 2.

West Virginia Made a State. Article IV, Section III, Clause 1.

Freedom of Speech Denied. Vallandigham Imprisoned in Ohio. Amendment One.

Blockading Parts of States that Were Held by the Federal Government to be Still in the Union.

Liberty of the Press Denied. Amendment One.

Violation of the Fugitive Slave Law. Article IV, Section II, Clause 3.

Answer 1

Guess it's a good thing he isnt running for Pres right now. Jeez, I thought they were giving Bush a hard time.

Answer 2

Laws as with all things are subject to interpretation. You say he broke the Laws of Neutrality in the Trent affair...he actually didn't authorize the the taken of the two diplomats on the Trent. At the time of there taking the law was quite fuzzy because America didn't consider the Confederacy a legitimate country and any ship entering or leaving a Confederate port was subject to search and seizure. The two diplomats would also have been consider rebels and not diplomats from a foreign government.

Of course Lincoln decided to release them rater than risk war with Britain.

The president has the right to suspend habeas corpus during times of emergency (ie martial law...etc) it happened in New Orleans just recently and LA in the 90's. I think a civil war might qualify as an emergency.

He didn't declare war....he launched the blockade....technically an act of war.....but it was congress who declared war.

The president has the right to do just about anything during an emergency. And all the other violations you listed fall into this area. A few of them were contested in the supreme court and upheld.

Answer 3

IF: laws are based upon the Constitution AND IF: all other so-called laws are codes and ordinances THEN Lincoln broke ten laws (Constitution) as you stated.
1. Coercion in 1861. Article IV.
2. Laws of Neutrality -- Trent Affair. Article VI, Clause 2 -- Violation of International Law.
3. Writ of Habeas Corpus Suspended. Article I, Section IX, Clause 2.
4. War Declared Without the Consent of Congress, 1861. Article I, Section VIII, Clauses 11, 12. Lincoln called 75,000 men to reinforce Ft Sumter
5. Emancipation Proclamation.failed to consult his cabinet Article IV, Section III, Clause 2.
6. West Virginia Made a State from out of Virginia. Article IV, Section III, Clause 1.
7. Freedom of Speech Denied. Vallandigham Imprisoned in Ohio. Amendment One.
8. Blockading Parts of States that Were Held by the Federal Government to be Still in the Union. No nation can blockade its own ports!
9. Liberty of the Press Denied. Amendment One.
10. Violation of the Fugitive Slave Law. Article IV, Section II, Clause 3.

Did Mr Lincoln upheld his oath of office to protect and defend the US from all enemies, both foreign and domestic?
Did he do whatever was necessary to accomplish this task?
What do you think about the things he did?
What would a modern President do in a similar situation?

Answer 4

emerald_trout, Lincoln didn't declare war because there wasn't a ware to be declared. The C.S.A. were not a recognized country and as such could not have "war" declared upon them. They were a belligerent power.

Answer 5

Before he became pres, he illegally ferried people across the mississippi in order to make money, he went to court and had to pay some fines, his only brush with the law before he became pres

Answer 6

He violated anti-dueling laws when he fought James Shields.

Answer 7

he suspended habeas corpus, especially in the middle states.