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To: WhiskeyPapa
President Lincoln invoked the war power of the president in issuing the EP. This is backed up by the Supreme Court

I'm sorry, Walt, but I don't see from the Supreme Court items you listed a justification for Lincoln's exceeding the Constitutionally delegated powers of the Executive. Are you arguing that in times of war a president can do anything he wants?

The Constitution says the president is commander of the army, navy, and militia. It does not delegate to him the power to free slaves. In fact, I though Lincoln argued earlier that he did not have the authority to free slaves.

376 posted on 12/29/2002 10:30:47 AM PST by rustbucket
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To: rustbucket
I'm sorry, Walt, but I don't see from the Supreme Court items you listed a justification for Lincoln's exceeding the Constitutionally delegated powers of the Executive.

The Supreme Court said the rebellion had the same status under law a a foreign war. The president is commander in chief of the Armed Forces in time of war. The -law- of war allowed for the seizure of enemy property.

What the secessionists did was to liable themselves to presidential power in a way that would have been impossible in the normal course of administering the government. Slavery was clearly protected by the Constitution. Once they became de facto enemies of the United States, then the president's war powers overrode the protection for slavery.

THIS is why (and I think -you- know this) the EP only had effect in the areas outside of federal control. Slave holders in loyal areas and states were beyond the president's war power.

The slave power maladroitly lost in 4 years what they could have retained for generations.

Walt

382 posted on 12/29/2002 2:27:16 PM PST by WhiskeyPapa
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