Lincoln and Chief Justice Taney

Slavery, Secession, and the President's War Powers

About The Book

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation -- an account of the battle between President Thomas Jefferson and Chief Justice John Marshall to define the new nation -- brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.

Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor. In the famous Lincoln-Douglas debates, Lincoln attacked the opinion as a warped judicial interpretation of the Framers' intent and accused Taney of being a member of a pro-slavery national conspiracy.

In his first inaugural address, President Lincoln insisted that the South had no legal right to secede. Taney, who administered the oath of office to Lincoln, believed that the South's secession was legal and in the best interests of both sections of the country.

Once the Civil War began, Lincoln broadly interpreted his constitutional powers as commander in chief to prosecute the war, suspending the writ of habeas corpus, censoring the mails, and authorizing military courts to try civilians for treason. Taney opposed every presidential wartime initiative and openly challenged Lincoln's suspension of the writ of habeas corpus. He accused the president of assuming dictatorial powers in violation of the Constitution. Lincoln ignored Taney's protest, convinced that his actions were both constitutional and necessary to preserve the Union.

Almost 150 years after Lincoln's and Taney's deaths, their words and actions reverberate in constitutional debate and political battle. Lincoln and Chief Justice Taney tells their dramatic story in fascinating detail.

About The Author

Photo by Marcia L. Simon

James F. Simon is the Martin Professor of Law and Dean Emeritus at New York Law School. He is the author of seven previous books on American history, law, and politics. His books have won the American Bar Association’s Silver Gavel Award and twice been named New York Times Notable Books. He lives with his wife in West Nyack, New York.

Product Details

  • Publisher: Simon & Schuster (November 7, 2006)
  • Length: 336 pages
  • ISBN13: 9780743298469

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Raves and Reviews

"Fascinating.... An enthralling, clear, and fast-moving account of Lincoln and Taney's battles from the time of the Dred Scott decision until Taney's death in 1864.... Places the Lincoln-Taney disputes into the context of the broader sweep of U.S. history, providing nourishing food for thought.... A fine book." -- J. Michael Parker, San Antonio Express-News

"Lincoln and Chief Justice Taney is a forceful reminder that the Civil War was more than a conflict of soldiers and that, under the rule of law, the decisions of courts could make fully as much difference -- and be fully as much of a struggle -- as the results of battles." -- Allen C. Guelzo, The Wall Street Journal

"Excellent.... A fresh take on who Lincoln was and how he became American history's indispensable man." -- David Waldstreicher, The Boston Globe

"In this splendidly written book, Simon...has given us an excellent dual biography of these two giants in American history who clashed directly on the issue of presidential power.... An excellent history and fine biography. It causes us to focus on one of the critical issues of our time." -- William E. Hellerstein, New York Law Journal

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