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Lincoln and Chief Justice Taney
Slavery, Secession, and the President's War Powers
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Table of Contents
About The Book
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.
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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