Abraham Lincolns Abuse of Power :: American America History

Abraham capital of Nebraskas Ab map of PowerLincolns use of executive authority during the civic war is many clock illegal and unjust although his issuance of the Emancipation Proclamation may seem justified, Lincoln blatantly ill-use his power regarding civil rights. He did things like bestow an unfair draft, suspend Constitutional rights, allocate military spending without Congress, and institute emancipation. Although most may justify these actions, they stomped on the Constitution. Lincoln found powers in the underlying clause making him Commander in Chief of the Army and Navy of the United States, and of the militia of the several states. He said that because of this clause, he had the right to use any means necessary to defeat the enemy. With this justification, he issued many executive orders before Congress even convened. Lincoln summoned the militia, ordered a blockade of the confederacy ports, expanded the regular army beyond its legal limit, and directed government f unds before congressional allocation. of these powers were granted to him in the Constitution. Lincoln also abused his power with the draft. Prior to the draft, the Union depended on the states to fill assigned quotas with volunteers. But then Lincoln instituted a new draft. By its terms, all men betwixt the ages of 20 and 45 were liable to military service. However, any man who was called for the draft could avoid it by hiring a substitute or paying $300 dollars to the government. some groups rightfully denounced these acts, called the conscription acts, as a rich mans law. Indeed, many wealthy men were able to bribe poorer men into taking their place in The closely blatant abuse of Lincolns power was his suspension of habeas corpus. The suspension of this constitutional guarantee, by which a person could not be imprisoned indefinitely without being charges with some specific crime, around much opposition throughout the country. Although Lincoln himself made no concentrated effo rts to suppress political oppositions, the repeal of habeas corpus enabled overzealous civil and military authorities to imprison thousands of people who were vocal in their opposition to the war against the South. During the war, in the case Ex parte Merryman, Chief Justice Taney ordered Lincoln to grant a writ of habeas corpus to a Southern agitator who had been arbitrarily jailed by military authorities in Maryland. Lincoln unheeded the order. After the war, in the case Ex parte Milligan, the Supreme Court ruled that president could not suspend habeas corpus without the consent of Congress.