[WhiskeyPapa]

Instead of suspending the writ of Habeas corpus, and ordering justices and editors jailed, closing newspapers etc, he could have stayed within the Constitution, and denied the South reasons to detest his actions.

None of that was outside Lincoln's purview as Commander in Chief in time of war. You simply cannot show in the record that it was.

None of the actions that Lincoln took were overturned in the courts during his life.

Walt

[4CJ]

"None of that was outside Lincoln's purview as Commander in Chief in time of war. You simply cannot show in the record that it was."

Excuse me, but Lincoln used a congressional power - that of suspending the writ of habeas corpus. Justice Taney corrected him, then Lincoln ordered the arrest of Taney. Lincoln also violated the Constitution by ending the freedom of the press, free speech, and used military tribunals against American citizens, among other things. I think the Milligan decision addressed the tribunal issue (Lincoln was wrong), as well as whether or not the Constitution could be suspended in times of war. Guess what - Lincoln was wrong.

"None of the actions that Lincoln took were overturned in the courts during his life."

Are you arguing that Lincoln died in 1860, or that ex parte Merryman never occurred?