Lincoln Impeachment

The Lincoln Impeachment

Assume that the time is during the Civil War, before the victories by Farragut and Sheridan. Specifically, the date is August 1, 1864. Things look bad for the Union. See American Pageant scans here, pg. 468-469. (“Lincoln’s reelection was at first gravely in doubt.”) 

Assume that a bill has been introduced in the House of Representatives calling for the impeachment of President Lincoln. Supporters of the bill argue that Lincoln ought to be impeached because of 

1. 1violations of civil liberties, 

2. his poor conduct of the war, 

3. emancipation, and 

4. other high crimes and misdemeanors.

High Crimes and Misdemeanors

What are civil liberties? 

• Civil Liberties

The Writ of Habeas Corpus:

• • What is habeas corpus?

  • Lincoln and the Writ of Liberty

  • Lincoln's Proclamation Suspending Habeas Corpus

• • Lincoln, Seward, and Habeas Corpus

  •  (This is a blog, so the school's filter may block it. Check this one at home.)

    • "Mr. Seward's Little Bell" - NYT Article on Seward and the Writ of Habeas Corpus

  • Habeas Corpus During the Civil War (UPDATED)

• • Ex Parte Merryman

  • Ex Parte Merryman and Debates on Civil Liberties During the Civil War

  • Abraham Lincoln on Civil Liberties During the Civil War

  • The Lincoln Administration and Arbitrary Arrests

  • Rights During Wartime

    • PDF Copy of the above NYT article

  • Lincoln and Taney's Great Writ Showdown

  • Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis

  • The Suspension Clause

Military Tribunals

• • Ex Parte Milligan

Other civil liberty issues

• Executive Order—Arrest and Imprisonment of Irresponsible Newspaper Reporters and Editors

• A look at early landmark free press censorship cases

Major Civil War Battles Through July 1864

Lincoln and the Emancipation Proclamation

• Lincoln's Constitutional Dilemma--Emancipation and Black Suffrage

• Emancipation and the Laws of War

• Emancipation: Lincoln's Great Gamble

• Freedom and Restraint - NYT Article

Misc. Readings

• Judiciary Power and Practice

(a long article--search for "Lincoln")

• Abraham Lincoln and the Border States

• Was Lincoln a Tyrant?

  • • PDF copy of above NYT article

• "Dictator Lincoln:" Surveying Lincoln and the Constitution

• "War and the Emancipation Proclamation"

• "This is the Story of How Lincoln Broke the Constitution"

• "LINCOLN AT WAR" - John Yoo

• "Lincoln, Presidential Power, and the Rule of Law" - Daniel Farber