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After the battle of Antietam, Lincoln decided to become an abolitionist and free the slaves.
The United States Constitution grants law making powers solely to the legislative branch of Government
The issue of the legality of slavery seems, prima facie, to be a legislative matter
The President is an officer in the executive branch of government; his role is to enforce the laws
When Abraham Lincoln freed slaves as of January 1, 1863, was he making a legislative decision?
Lincoln knew this was a problem for him, so he made a very creative move: he asserted in the Emancipation Proclamation that his action was authorized in his constitutional role as commander in chief, that freeing the slaves was a "war measure." Lincoln recognized that this was a bit flimsy.
That did not sit well with Northern Democrats and obviously fed the allegations in the South that Lincoln was a tyrant
WATCH Daniel Day Lewis' portrayal of Lincoln as he debates with advisors the constitutionality of his decisions and the complexity of all these questions
eplincoln.mp4DECISION: Assume the role of a supreme court justice. Suppose Lincoln had been brought before the court for violating the separation of powers required by the constitution. Was the freeing of slaves justifiably a "war measure" under the purview of the commander in chief? This is not a question of whether it was a morally good decision, but whether it was a constitutionally legitimate decision.
Click here to hear from a Constitutional Expert from Harvard give his opinion on the constitutionality of the Emancipation Proclamation
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