The authority for the Emancipation Proclamation came from the several confiscation acts passed by Congress and allowing the seizure without compensation of private property being used to support the rebellion. The constitutionality of the confiscation acts was upheld by the Supreme Court in the 1862 decision known as the Prize Cases (67 US 635).
Thank you.
I’ll look into this more.
She's leaving out a lot of important details.
Firstly, there is a "due process" provision in the Constitution. You have to determine if someone has committed a crime before you can take their property.
In this case, it was an en masse confiscation without due process. Congress can't override the US Constitution without going through the amendment process, and they didn't do that.
Secondly, "Secession in not Rebellion." (Chief Justice Samuel P. Chase.) No effort was made by the seceding states to seize power in Washington DC and overthrow the elected government. It was not a "rebellion" it was "independence." The claim that it was a "rebellion" is just a lie.
Thirdly, Abraham Lincoln wrote out an arrest warrant for Chief Justice Taney and gave it to a Federal Marshall who was his good friend and personal bodyguard and told him to serve it on the Judge whenever he thought the time appropriate.
Lincoln tried to arrest the Chief Justice of the Supreme Court! (Doodle will tell you the Federal Marshall bodyguard made the whole thing up, but there is other corroborating evidence indicating it really happened.)
So after trying to arrest a Chief Justice of the Supreme Court, the court became Lincoln's lapdog and would do anything he asked them to do.
So a 1862 Supreme Court rendering a "decision" is like a Soviet court rendering a decision. It will be whatever the power holder wants.