To: All
I believe Lincoln's argument was that the Emancipation Proclamation was necessary to win the war against the rebellion. More or less a military decision as CINC.
I believe Lincoln acknowledged before the rebellion that it would be unconstitutional for him to simply issue an executive order freeing slaves.
Once the war started, he justified his proclamation as a military decision to help the Union defeat the Confederates.
I think this logic parallels Roosevelt's executive order for the Japanese to report to internment camps....used as justification by the CINC in a time of war.
To: mmichaels1970; All
Furthermore....Say hypothetically, we were at war with Canada. The CINC decides that Hispanics are necessary to help our forces defeat the marauding Canadians. I believe he could then issue a constitutional executive order granting amnesty to illegal Hispanic immigrants.
He could justify it by saying the order was necessary for the protection of the nation in a time of war.
This is nothing like that Nancy.
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