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The First Amendment Encyclopedia
firstamendment.mtsu.edu › home › articles › topic › events › civil war, u.s.
Civil War, U.S. | The First Amendment Encyclopedia
March 31, 2025 - Abraham Lincoln and his administration restricted constitutional liberties during the Civil War, including freedom of speech and freedom of the press.
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FindLaw
supreme.findlaw.com › us supreme court center › legal commentary › did lincoln violate the constitution?
Did Lincoln Violate the Constitution? - Supreme Court - FindLaw
September 30, 2016 - He concludes, based on these sources, that once bound by the Constitution, individual states did not enjoy the unilateral right to withdraw from the Union. Accordingly, on the legal merits (as well as on the battlefield), Farber makes clear that the correct party prevailed on the secession issue in the Civil War. The Case For the Constitutionality of Lincoln’s Conduct Of The War
Discussions

What's your opinion of Lincoln violating the constitution during the Civil War
I'd argue it was the right thing to do. Civil rights are so important but sometimes extraordinary measures are required to preserve them. Realise that about 800,000 men died fighting the civil war. Also, realise there were spies absolutely everywhere with material impacts on those lives. If you want your side to win, and you want your men to be as safe as possible, then controls against spies need to be in place. During the Civil War, it was virtually impossible to distinguish friend from foe. Families were divided where some were Union and some were Confederate. Additionally, many Northerners were violently opposed to the war. I read the journal of a Union solider who wrote the bitterest part of the war was when one of his officers was on leave in the North and was murdered by Copperheads. These were Northerners who were pro-slavery. Such copperheads advocated a Northern revolution against the Union. They needed to be contained. Lastly, massive draft riots occurred in NYC when many Irishmen were called into the draft. As a sweeping statement, Irish immigrants were very often supportive of slavery as the Irish didn't want blacks to crowd out the bottom of the free labor market. So, they rioted and murderer a lot of innocent black people. Lincoln had to pull troops from the battlefield to quell the riots. To preserve the Union, it's impossible to survive when citizens wander around a war zone doing whatever they feel and waving around a right to unlimited freedom of speech and impunity without a trial by jury. The Constitution states that Habeas Corpus can be suspended at a time of insurrection. It was clearly the right time to deploy that clause to help ensure the survival of the Union and thus the survival of all the Constitutional rights across the entire country. I would like to add that the Confederacy was much worse. Even before the war started, it was unsafe for anyone to speak against slavery. Many Yankees were tarred and feathered and some Yankees were Lynched just for being Yankees. There was virtually no freedom of speech in the South and no trial by jury if you didn't support slavery. Edit: I forgot to add one of the biggest reasons... Southerners who were under rebellion were waving around their constitutional rights. Even some of them that had clearly picked up weapons and fought the Union. Southern soldiers, guerrillas, spies needed to be dealt with by the military without their hands tied behind their backs. Lastly the seizure of slaves and the destruction of property by Sherman's troops were military affairs that didn't belong in the courtroom. More on reddit.com
🌐 r/history
18
5
May 23, 2017
Did Abraham Lincoln actually violate the constitution before or during the Civil War?

A fair bit of it is actually true, he suspended the freedoms of speech and press, suspended habeas corpus (arguable legality, the constitution says the government can suspend it during times of rebellion or invasion but it doesn't specify if congress or the president has that power. There are two arguments here, the argument put forth by those opposed to Lincoln's suspension was that the section of the Constitution that this provision is contained in refers to Congress. The other arguement (put forth by Lincoln's supporters) is that the constitution gives the right for habeas corpus to be suspended in cases of emergency and because Congress moves very slowly the President can suspend habeas corpus to solve the crisis quickly) and even imposed martial law incrementally and eventually (in 1863) imposed martial law nationwide. He called up about 75k militia and ordered a blockade of Southern ports. This violates the constitution because this is an act of war, something that only congress can do. Then he called for about 40k volunteers to serve for three years, even though Congress has the right to raise armies not the president under the constitution. Even the Empancipation Proclamation can be argued to be of dubious constitutionality. However that one has considerable leeway because of the concept of the nation being at war, and the fact that the constitution goes out of its way to avoid mentioning slavery. He always maintained that these were only wartime measures and when the war was over he would get rid of all of them, and to be fair, he and his successor Andrew Johnson did away with most of them when the war was done.

Sources:

  • http://www.presidency.ucsb.edu/ws/?pid=69993

  • http://quod.lib.umich.edu/j/jala/2629860.0029.205?rgn=main;view=fulltext

More on reddit.com
🌐 r/AskHistorians
93
826
June 23, 2016
How important was Lincoln in the Civil War?
Lincoln was extraordinarily important in the outcome of the Civil War, for a few reasons. He did an excellent job rallying people and making executive decisions. The Emancipation Proclamation was genius and many men might not have had the foresight or the courage to do that. Additionally, he basically gave himself a crash course in war and became an excellent strategist. Many of his generals were incompetent, so he took a lot of the planning upon himself. More on reddit.com
🌐 r/AskHistory
23
11
April 29, 2022
Abraham Lincoln suspended habeas corpus at the beginning of the Civil War
Suspending the writ of habeus corpus was justified. Putting American citizens, who look like the enemy, in internment camps, was not. More on reddit.com
🌐 r/CIVILWAR
116
267
November 21, 2024
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Reddit
reddit.com › r/askhistorians › did abraham lincoln actually violate the constitution before or during the civil war?
r/AskHistorians on Reddit: Did Abraham Lincoln actually violate the constitution before or during the Civil War?
June 23, 2016 -

This is a long standing trope among some Confederate sympathizers and other people who are trying to be as fair as possible. How much of it is actually true?

Top answer
1 of 3
265

A fair bit of it is actually true, he suspended the freedoms of speech and press, suspended habeas corpus (arguable legality, the constitution says the government can suspend it during times of rebellion or invasion but it doesn't specify if congress or the president has that power. There are two arguments here, the argument put forth by those opposed to Lincoln's suspension was that the section of the Constitution that this provision is contained in refers to Congress. The other arguement (put forth by Lincoln's supporters) is that the constitution gives the right for habeas corpus to be suspended in cases of emergency and because Congress moves very slowly the President can suspend habeas corpus to solve the crisis quickly) and even imposed martial law incrementally and eventually (in 1863) imposed martial law nationwide. He called up about 75k militia and ordered a blockade of Southern ports. This violates the constitution because this is an act of war, something that only congress can do. Then he called for about 40k volunteers to serve for three years, even though Congress has the right to raise armies not the president under the constitution. Even the Empancipation Proclamation can be argued to be of dubious constitutionality. However that one has considerable leeway because of the concept of the nation being at war, and the fact that the constitution goes out of its way to avoid mentioning slavery. He always maintained that these were only wartime measures and when the war was over he would get rid of all of them, and to be fair, he and his successor Andrew Johnson did away with most of them when the war was done.

Sources:

  • http://www.presidency.ucsb.edu/ws/?pid=69993

  • http://quod.lib.umich.edu/j/jala/2629860.0029.205?rgn=main;view=fulltext

2 of 3
203

This is a short summation of "Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis" by James Dueholm

There's no question that Lincoln suspended habeus corpus. Initially it was a localized suspension for the protection of the public. When a Maryland man was arrested by the Union military, Supreme Court Chief Justice Roger Brooke Taney, who happened to be sitting as a trial judge in the area, issued a writ calling for the arrested man to be brought to the court, which the military refused. Taney ruled (in his position as trial judge) that the ability to suspend habeus corpus was limited to Congress because it's in Article I of the Constitution not Article II. Higher level courts never ruled on the issue. Congress did, much later, pass legislation that said that the president had the power to suspend of habeas corpus. However, prior to that Lincoln declared nationwide martial law and suspension of habeus corpus albeit only with regard to members and supporters of the rebellion.

In that there are no court decisions on the subject other than the Taney trial ruling, there's not really any actual judicial opinion on the matter. The academic discussion of the issue tends to favor Lincoln, however.

Separately, there are questions over the constitutionality of emancipation but I've not read much about that.

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Encyclopedia.com
encyclopedia.com › defense › energy-government-and-defense-magazines › civil-liberties-civil-war
Civil Liberties, Civil War | Encyclopedia.com
Even before Congress convened on July 4, Lincoln called for volunteers, spent money unauthorized by Congress, ordered a blockade of Southern ports, and violated civil liberties guaranteed in the Constitution. All the civil liberties guaranteed by the Bill of Rights and other sections in the ...
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Quora
quora.com › What-were-the-most-significant-constitutional-violations-committed-by-Abraham-Lincoln-during-the-Civil-War
What were the most significant constitutional violations committed by Abraham Lincoln during the Civil War? - Quora
Answer (1 of 2): Sending three military expeditions against the South without a Declaration of War by Congress was the most egregious. Suspending Habeas Corpus and Freedom of the Press were secondary. From Rod O'barr, THE INCONSISTENCY OF SALMON P. CHASE In the 1869 case Texas vs White, Chase ...
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Bill of Rights Institute
billofrightsinstitute.org › essays › clement-vallandigham-and-constitutionalism
Clement Vallandigham and Constitutionalism | Civil War | National Leader in Civic Education Resources | Bill of Rights Institute
In Ex Parte Merryman (1861), Supreme Court Chief Justice Roger Taney ruled the president had no authority to suspend the writ of habeas corpus, because that power seemed to be vested in the Congress in Article I of the Constitution. Lincoln ignored the order and submitted his actions to Congress in a special session on July 4, asking, “Are all the laws but one to go unexecuted, and the Government itself go to pieces, lest that one be violated?” Congress endorsed his actions.
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MIT Press
direct.mit.edu › ajle › article › doi › 10.1162 › ajle_a_00035 › 112635 › HOW-THE-SUPREME-COURT-DISTORTED-TEXT-IGNORED
HOW THE SUPREME COURT DISTORTED TEXT, IGNORED HISTORY, AND GASLIGHTED THE BOLD PROMISE OF THE CIVIL RIGHTS ACT OF 1866 A Comcast Case Study | American Journal of Law and Equality | MIT Press
August 15, 2022 - To the very limited extent that Hall was cited thereafter, it was primarily to invalidate retrospectively pre–Civil War slave marriages in disputes over inheritance rights. ... Senator Lyman Trumbull of Illinois, the primary Senate sponsor of the Civil Rights Act of 1866, declared that the statute would assure “the trumpet of freedom that we have been blowing throughout the land” and would protect “such fundamental rights as belong to every free person.” Cong. Globe, 39th Cong., 1st Sess. 474. Trumbull explained further: “[T]he very object of the bill is to break down all discrimination between black men and white men. … [It] is simply intended to carry out a constitutional provision, and guaranty to every person of every color the same civil rights.” Id. at 599. To James F. Wilson of Iowa, the chairman of the House Judiciary Committee, the statute’s purpose was similarly clear: “to turn the artillery of slavery upon itself,” and to establish a federal guarantee of “the holy cause of l
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Friends of the Lincoln Collection
friendsofthelincolncollection.org › home › lore › abraham lincoln on civil liberties
Abraham Lincoln on Civil Liberties - Friends of the Lincoln Collection
October 22, 2018 - He ignored the fact that it was placed there by the Committee on Drafting at the Constitutional Convention in 1787 as a matter of form, not substance. Nowhere in his written decision did he acknowledge that a rebellion was in progress, and that the fate of the nation was, in fact, at stake. Taney missed the crucial point made in the draft of Lincoln’s report to Congress on July 4, 1861:
Find elsewhere
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Quora
quora.com › Did-Lincoln-violate-the-Constitution-during-the-Civil-War
Did Lincoln violate the Constitution during the Civil War? - Quora
Answer (1 of 6): Lincoln did not violate the Constitution during the American Civil War. The Militia Acts and the American Civil War: Let’s address a concern that was brought up about the supposed “abuses of Lincoln”. This has to deal with the claim that Lincoln did not have the right ...
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Gilder Lehrman Institute of American History
gilderlehrman.org › history-resources › lesson-plan › lincoln-and-civil-liberties
Lincoln and Civil Liberties | Gilder Lehrman Institute of American History
One of the most famous examples of the federal government exercising increased power at the expense of constitutional protections occurred during the Civil War. President Lincoln unilaterally suspended the writ of habeas corpus in April 1861 and a Maryland military officer, John Merryman, was ...
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Dickinson College
housedivided.dickinson.edu › sites › lincoln › warpowers › civil-liberties
Civil Liberties – Lincoln's Writings - House Divided
Article I, Section 9 of the US Constitution forbids the suspension of habeas corpus (the “Great Writ” as it was known) except “when in Cases of Rebellion or Invasion the public Safety may require it.” This protection of a fundamental civil liberty (the right to a judicial process when ...
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Confederatemuseum
confederatemuseum.org › home › insights › lincoln and the bill of rights: a closer look
Lincoln and the Bill of Rights: A Closer Look - Museum and Library of Confederate History
October 8, 2025 - Yet, once in office, President ... brazenly—the explicit protections of the Bill of Rights. Suspension of habeas corpus without congressional approval. Military tribunals supplanting civilian juries....
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The First Amendment Encyclopedia
firstamendment.mtsu.edu › home › articles › topic › people › presidents › abraham lincoln
Abraham Lincoln | The First Amendment Encyclopedia
April 10, 2025 - Some presidential scholars are ... presidents, Lincoln restricted civil liberties, including censoring the press and the mail, infringing upon First Amendment freedoms....
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Essential Civil War Curriculum
essentialcivilwarcurriculum.com › civil-liberties-during-the-civil-war.html
Civil Liberties During the Civil War - Essential Civil War Curriculum
Not surprisingly, the trial of Vallandigham by a military tribunal subjected Lincoln to yet more criticism. His critics bemoaned his decision, deeming it “a palpable violation of the . . . Constitution.”[57] Lincoln insisted, however, that civilians captured away from the battlefield could lawfully be tried by a military tribunal because the whole country, in his opinion, was a war zone.[58] Lincoln further defended his suspension of habeas corpus:
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Miller Center
millercenter.org › president › lincoln › domestic-affairs
Abraham Lincoln: Domestic Affairs | Miller Center
August 28, 2023 - A military court convicted him ... of the war. Lincoln banished him behind Confederate lines to keep him from becoming a martyr. (By 1864, Vallandigham was back in the North, drafting the peace platform of the Democratic Party.) The incident raised serious questions about the violation of Vallandigham's First Amendment rights—freedom of speech—and the legitimacy of having military courts in areas like Ohio, in which civilian courts ...
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Annenberg Classroom
annenbergclassroom.org › home › resources › book › the pursuit of justice › chapter 5: civil liberties and the civil war
Chapter 5: Civil Liberties and the Civil War – Annenberg Classroom
October 9, 2018 - Chief Justice Taney rebuked President Lincoln by ruling that only Congress had the authority to suspend the writ of habeas corpus, as the constitutional provision for suspending the writ appears in Article 1 of the Constitution, which pertains to the powers and duties of Congress. Taney also pointed to the rights of a person accused of crimes listed in the Fifth and Sixth Amendments of the Constitution, which, in his opinion, precluded the trial of Merryman in a military tribunal instead of a civilian court.
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Gilder Lehrman Institute of American History
gilderlehrman.org › history-resources › lesson-plan › unconstitutional-act-suspension-writ-habeas-corpus
An "Unconstitutional" Act? The Suspension of the Writ of Habeas Corpus | Gilder Lehrman Institute of American History
At the beginning of the Civil War, ... people. Abraham Lincoln, in an effort to silence the Southern sympathizers, or "Copperheads," suspended the writ of habeas corpus, a clause of the Constitution that forbids unlawful imprisonment....
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Reddit
reddit.com › r/history › what's your opinion of lincoln violating the constitution during the civil war
r/history on Reddit: What's your opinion of Lincoln violating the constitution during the Civil War
May 23, 2017 -

Abraham Lincoln violated the constitution by suspending Habeas corpus, do you find this to have been necessary due to the condition of the country at the time or do you think this was an unacceptable act for a president to commit

Top answer
1 of 5
7
I'd argue it was the right thing to do. Civil rights are so important but sometimes extraordinary measures are required to preserve them. Realise that about 800,000 men died fighting the civil war. Also, realise there were spies absolutely everywhere with material impacts on those lives. If you want your side to win, and you want your men to be as safe as possible, then controls against spies need to be in place. During the Civil War, it was virtually impossible to distinguish friend from foe. Families were divided where some were Union and some were Confederate. Additionally, many Northerners were violently opposed to the war. I read the journal of a Union solider who wrote the bitterest part of the war was when one of his officers was on leave in the North and was murdered by Copperheads. These were Northerners who were pro-slavery. Such copperheads advocated a Northern revolution against the Union. They needed to be contained. Lastly, massive draft riots occurred in NYC when many Irishmen were called into the draft. As a sweeping statement, Irish immigrants were very often supportive of slavery as the Irish didn't want blacks to crowd out the bottom of the free labor market. So, they rioted and murderer a lot of innocent black people. Lincoln had to pull troops from the battlefield to quell the riots. To preserve the Union, it's impossible to survive when citizens wander around a war zone doing whatever they feel and waving around a right to unlimited freedom of speech and impunity without a trial by jury. The Constitution states that Habeas Corpus can be suspended at a time of insurrection. It was clearly the right time to deploy that clause to help ensure the survival of the Union and thus the survival of all the Constitutional rights across the entire country. I would like to add that the Confederacy was much worse. Even before the war started, it was unsafe for anyone to speak against slavery. Many Yankees were tarred and feathered and some Yankees were Lynched just for being Yankees. There was virtually no freedom of speech in the South and no trial by jury if you didn't support slavery. Edit: I forgot to add one of the biggest reasons... Southerners who were under rebellion were waving around their constitutional rights. Even some of them that had clearly picked up weapons and fought the Union. Southern soldiers, guerrillas, spies needed to be dealt with by the military without their hands tied behind their backs. Lastly the seizure of slaves and the destruction of property by Sherman's troops were military affairs that didn't belong in the courtroom.
2 of 5
6
Just to clarify, Abraham Lincoln didn't violate the constitution by suspending habeas corpus, but rather due to the fact that he did so unilaterally as President. Only Congress has the power to suspend habeas corpus in cases of rebellion or invasion, and is a perfectly legal act that is enshrined in Article 1, Section 9, Clause 2 of the US Constitution.