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Constitutional problems under Lincoln

01 Jan 1926-
About: The article was published on 1926-01-01 and is currently open access. It has received 92 citations till now.
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Journal ArticleDOI
TL;DR: In many now-liberal societies the meaning of citizenship itself is indelibly marked by the "missing" -the emigrant and the exile, the expelled and the extinct as mentioned in this paper.
Abstract: Liberal political analysis is ordinarily based on a sharp distinction between domestic and international politics, and an assumption that domestic politics is the proper arena for democratic self-determination. But self-governing citizens have never exhausted the cast of characters who populate liberal states. Living alongside them there are often domestic aliens – permanent residents who are subject to the law, and may be protected by it, but who do not participate in making it. Refugees and remnants also inhabit liberal states. Whether citizens or not, they tend to bear the historical consciousness of victims or potential victims wherever they may live. A correlative fact is that in many now-liberal societies the meaning of citizenship itself is indelibly marked by the “missing” – the emigrant and the exile, the expelled and the extinct. Such identities – and the historical presence or absence of individuals who claim them – are generally regarded as messy details in the state-centered conceptual framework that dominates liberal political thought.

1 citations

Journal ArticleDOI
TL;DR: The Emancipation Proclamation leads many Americans to regard Abraham Lincoln as the “great EmanCipator,” and many Americans are not so laudatory, doubting whether he did enough to end the South's "peculiar institution" as mentioned in this paper.
Abstract: The Emancipation Proclamation leads many Americans to regard Abraham Lincoln as the “Great Emancipator.” Others are not so laudatory, doubting whether he did enough to end the South’s “peculiar institution.” These observers regard Lincoln as principally concerned with saving the Union, rather than ending slavery. There is a more fitting title for Lincoln, one utterly beyond cavil. Call him “The Great Suspender of the Great Writ.” He undoubtedly earned this sobriquet, having suspended the privilege of the writ of habeas corpus or delegated suspension authority almost a dozen times. He also has the distinction of being the only President ever to suspend the privilege of the Great Writ unilaterally and the only one to do so throughout the nation.

1 citations

Journal ArticleDOI
TL;DR: For all of their centralized power and undisputed authority, even crisis leaders are susceptible to breakdowns in political communication, which is particularly significant when martial rule or a state of emergency becomes openended; the sense of urgency no longer prevails as mentioned in this paper.
Abstract: For all of their centralized power and undisputed authority, even crisis leaders are susceptible to breakdowns in political communication. This is particularly significant when martial rule or a state of emergency—most effective when of short duration— becomes open‐ended; the sense of urgency no longer prevails. In the initial stage of proclaiming a constitutional emergency it is perhaps easiest to create an atmosphere of crisis and to promote a collective sense of danger. A climate of national fear and insecurity, in turn, enables the constitutional dictator to mobilize broad support even for draconian measures imposed at the expense of individual freedoms. With the prolongation of the emergency, however, and the institutionalization of crisis government, certain immunities to authoritarianism do begin to surface. As suggested by periods of prolonged emergency rule in India and South Korea, the leader becomes remote and isolated; he or she no longer feels quite so compelled to communicate; domes...

1 citations

Dissertation
19 Apr 2017
TL;DR: The authors examined the evidence and the charges posed against these men, looked at the cases through a social lens, taking note of the detainee's political associations and social status and studied the rhetorical strategies used to describe their loyalty.
Abstract: The focus of this research is on disloyalty investigations during the Civil War. In this research I sought to understand how disloyalty was defined within these loyalty investigations, navigating the question: what can the loyalty investigations of Israel Blanchard and Dennis Mahony tell us about the definitions of loyalty and disloyalty in the Union? To answer this, I analyzed two specific cases—the case of Dennis Mahony, a Democratic newspaper editor from Dubuque Iowa and Israel Blanchard, a physician and prominent Democrat from Illinois. I carefully examined the legal documentation from the Turner-Baker files, a compilation of wartime correspondence between Provost Marshals, as well as partisan newspapers that covered the men’s arrests. I also read two books published during the war that discussed the cases--Prisoner of State and American Bastille. In this analysis, I examined the evidence and the charges posed against these men, looked at the cases through a social lens, taking note of the detainee's political associations and social status and studied the rhetorical strategies used to describe their loyalty. Throughout this research, it became increasingly clear that disloyalty lacked a consistent definition, an ambiguity that gave local officials acting under the orders of August 8th, 1862, which suspended habeas corpus, the flexibility to stifle political dissent. Though many historians absolve Lincoln of blame, either by noting the political severity of the Civil War, blaming his administrators for breaches of power, or concluding the majority of arrests were justified, the precedence Lincoln set, specifically illuminated by the cases of Blanchard and Mahony, is a dangerous precedent for American Civil Liberties in Wartime today.

1 citations