Someone who wrote about just the issue you are concerned with, and who was not a committed votary of either side of the Lincoln debates, was the late Chief Justice Wm. Rehnquist, a top-drawer legal scholar and federalist who addressed the problems of war powers in a democracy (not just Lincoln, but Wilson and Franklin Roosevelt afterward, wielded war powers in abusive ways).
Rehnquist's book is entitled All the Laws but One (the title is a Lincoln quote), and I think it's still in print. Should be available everywhere, or try Brown Book Store or Amazon.com.
Rehnquist's book is entitled All the Laws but One (the title is a Lincoln quote), and I think it's still in print. Should be available everywhere, or try Brown Book Store or Amazon.com. That would be the same Chief Justice Rehnquist who said in a May 2000 speech before the Norfolk and Portsouth Bar Association, "The question of whether only Congress may suspend it has never been authoritatively answered to this day...?"