Ignore the Constitution to protect the Constitution.  Interesting,
particularly since the office of the president is established in the
Constitution itself.  I think what colors the objective judgment of people on
Lincoln's presidency is the patriotism that has been preached vis-a-vis
Lincoln and emancipation.  However, one good doesn't excuse a plethora of
illegal and unconstitutional actions, unless you believe that the ends
justify the means...which is not the theory behind the rule of law in this
country (although Richard Nixon apparently thought this was the case).

    However, Lincoln's actions in commencing the war weren't based on the
Constitution, but on the Act of Congress of 1795 which authorized the
President to call out the posse comitatus for the purpose of putting down
insurrection within a state; a law that Buchanan had considered using, but
rejected, in the case of South Carolina leaving the union, since the statute
specifically applied to insurrections within and against the government of a
State in the Union, and only after the request of the legislature of the
State in which the insurrection was taking place.  This didn't stop Lincoln
from calling up 75,000 troops and blocking Charleston harbor rather than
attempting serious negotiations to resolve the situation.

       I hope none of you Lincoln war strategy "fans" out there have the
audacity to oppose Mr. Bush's foray into Iraq as necessary to the
preservation of our freedoms under the Constitution, and with the authority
(whether needed or not) of the US Congress.

       JDS

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