I believe you're mistaken. The Declaration of Independence, not the Constitution, contains the the proposal "that all men are created equal." At any rate, Lincoln used the War Powers found in Article II, Section 2 of the Constitution to free slaves, considered to be spoils of war, in the states that had seceded from the Union. (Please don't take my word for it; read one of Lincoln's explanations here:
http://showcase.netins.net/web/creative/lincoln/speeches/conkling.htm ) It specifically did not free slaves in states loyal to the Union where slavery still existed, nor did it free slaves in former Confederate states that had fallen to the Union army.
So the question then becomes was the Confederacy a separate nation or was it merely a group of American states resisting their Federal government? If the Confederacy was a separate nation, then no Constitutional authority existed for the President to seize the property of a sovereign nation, under the control of that nation, at war with the United States (though I will concede that recognized war powers allow such a seizure in parts of the sovereign nation under control of the nation it is at war with). And, therefore, his action was unconstitutional. If, on the other hand, the Confederate states were still part of the Union, then the mechanism to end slavery existed within the Constitution and, perhaps more importantly, the War Powers in Art. II, Sec. 2 did not come into play and his action was unconstitutional.
At bottom, the Emancipation Proclamation was a symbolic political act, the constitutionality of which could only have been decided by the courts but the question never reached them, mainly due to the passage of the 13th Amendment, which rendered the question moot.
And, yes, I have a problem with a President -- or Congress, or the courts -- reaching outside of the boundaries of the Constitution to correct a problem
when the mechanism for correction is found within the document.
The Constitution contains the foundational rules for operating our government and is flexible enough to allow changes to those rules over time. It does not, however, contemplate changing those rules by one person, or even one branch of our government. Lincoln's action was to vest himself with enormous power neither found in nor authorized by the document he was sworn to uphold and protect.
Lincoln's action was not civil disobedience; it was an expansion of the power of an office he would eventually leave but whose power would not contract with his departure.
I also find it interesting that we're debating only one of the two examples I cited. No thoughts on the suspension of the writ of
habeas corpus?
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