|Texas Defender wrote:
You're absolutely right. Perhaps by making his proclamation in September of 1862, Mr. Lincoln forced the Congress to act on the question that they had so far ignored, in order to not appear to be giving up their Constitutional power on the issue to the Executive.
In response to your post #77, I would say that Mr. Lincoln believed that in times of national emergency, he could claim for himself powers not granted to the Executive by the Constitution. In effect, the Constitution became an impediment to him as he sought to preserve the Union by any means necessary.
It is clear that Mr. Lincoln's actions were opposed by many both during and after the war. His own appointees to the Supreme Court repudiated the government's position in Ex parte Milligan. But by then the war was already won, and the Union preserved. My guess is that Mr. Lincoln would not have cared much about the Court's decision by that time, since his primary goal of preserving the Union had already been accomplished.
I don't think he would have cared either. He was using common sense instead of the law to handle the crisis at hand in 1861-62. When it comes to the Constitution, he overstepped his bounds. Does that make him a tyrant? I don't think so, but I don't know why its so hard for people that treat him like a saint to say that he did overstep his bounds.