Introduction
Historically, to avoid a vote by congress and a formal declaration of war, past U.S. presidents have used semantics to circumnavigate an outright declaration of war. The office of the presidency has avoided the Congress with numerous precedents and under the guise of fanciful phrases such as: the United Sates is currently "suppressing a rebellion," the U.S. is employing "limited military action," or, here are the most common two words from former American presidents -- the nation is currently involved in a "humanitarian mission." Without the consent of Congress, President Abraham Lincoln is a prime example for going to war without declaring war. Lincoln mobilized the military, in what was known as Lincoln's Call For Troops (1861), and marched it into the Southern states (1861--1865) and the end result was the death of at least 620,000 Americans, including men, women, and children.
The United States Constitution was created with checks and balances and with each of the three branches of government limited in its power.
Article I, Section 8,
Clause 11 of the United States Constitution, often referred to as the War Powers
Clause, furthermore, also vests in the Congress the exclusive power to declare
war, in the following wording: [Congress shall have Power...] To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land
and Water[.]" Notice that the Executive branch, the President, is not
reserved the power to declare war, period.
With the Mexican-American War looming in 1846,
(then) Congressman Lincoln believed and stated that only Congress possessed
absolute authority for war powers or war-making power. He referred to any
president who declared any war without the consent of Congress as an oppressive
king. Congressman Lincoln then moved for a Resolution issuing the President
(Polk) interrogatories (questions) so the Congress could determine and declare
war against Mexico. Years later as president, Lincoln, however, without the consent of
Congress, declared war on the rebellion in the Southern states.
“The provision of the Constitution giving the
war-making power to Congress, was dictated, as I understand it, by the following
reasons. Kings had always been involving and impoverishing their people in wars,
pretending generally, if not always, that the good of the people was the object.
This our Convention understood to be the most oppressive of all Kingly
oppressions; and they resolved to so frame the Constitution that no
one man should hold the power of bringing this oppression upon us.
But your view destroys the whole matter, and places our President
where kings have always stood.” ---1846 Congressman Abraham
Lincoln
War Powers and What Caused the Civil War?
According to the Southern states, they never
sought to overthrow the U.S. government or its institutions; they merely wanted
independence from Washington. They did not seek war, but, to the contrary, they
desired a peaceful withdrawal from the Union.
"The right
to the writ of habeas corpus, guaranteed by the Constitution, disappeared at the
nod of a Secretary of State or a general of the lowest grade. The mandate of the
Chief Justice of the Supreme Court was set at naught by the military power, and
this outrage on common right approved by a President sworn to support the
Constitution." October 28, 1861, Cherokee Nation Declaration of Secession and War
Against the United States of America
President
Abraham Lincoln made it clear that the
North was fighting the Civil War to preserve the Union, and that the principal
or paramount cause of the Civil War was Secession itself.
What is secession? It is
the withdrawal of a state (or states) from the Union.
A fair question is whether or
not there is a person or party responsible for the Civil War? Or is there
culpability?
Question: Who was
commander-in-chief and chief executive for the nation prior to and during the
Civil War? In other words, who was responsible for the United States at that
time?
Answer: President Abraham
Lincoln.
Question: What are the
responsibilities and duties of the President of the United States as chief
executive for the nation as well as commander-in-chief of the United States
military?
Answer: The powers of the
President of the United States are set forth in Article II of the Constitution.
The President is the head of the executive branch and his job is to approve the
laws that Congress creates. When the Senate and the House approve a bill, they
send it to the President. If he agrees with the law, he signs it and the law
goes into effect. The Supreme Court, not the President, decides if a law or
government action violates the Constitution.
If the President does not like
a bill, he can refuse to sign it. When he does this, it is called a veto. If the
President vetoes a bill, it will most likely never become a law. Congress can
override a veto, but to do so two-thirds of the Members of Congress must vote
against the President.
Despite all of his power, the
President cannot write bills. He can propose a bill, but a member of Congress
must submit it for him.
In addition to playing a key
role in the lawmaking process, the President has several duties. He serves as
the American Head of State, meaning that he meets with the leaders of other
countries and can make treaties with them. However, the Senate must approve any
treaty before it becomes official.
The President is also the
Chief of the Government. That means that he is technically the boss of every
government worker.
Also, the President is the
official head, known as commander-in-chief, of the U.S. military. He can
authorize the use of troops overseas without declaring war. To officially
declare war, though, he must get the approval of the Congress.
What are the responsibilities
and duties of the President of the United States?
The President is the head of
the Executive Branch. The powers of the President of the United States are set
forth in Article II of the Constitution. Some of these powers the President can
exercise in his own right, without formal legislative approval. Others require
the consent of the Senate or Congress as a whole. The following is a list of
duties of the President of the United States:
National Security Powers:
- Serves as the Commander-in-Chief of the armed forces. He can authorize the use of troops overseas without declaring war. To declare war officially, though, he must get the approval of the Congress.
- Makes treaties with other nations; however, the Senate must approve any treaty before it becomes official.
- Nominates ambassadors, with the agreement of a majority of the Senate.
- Receives ambassadors of other nations, thereby recognizing those lands as official countries.
Legislative Powers:
- Presents information on the state of the union to Congress.
- Recommends legislation to Congress. Despite all of his power, the President cannot write bills. He can propose a bill, but a member of Congress must submit it for him.
- Convenes both houses of Congress in special sessions.
- Approves laws passed by Congress.
Administrative Powers:
- "Take care that the laws be faithfully executed" -- Article II, Section 3
- Appoints the heads of each Executive Branch department as Chief of the Government. He also appoints ambassadors, Supreme Court Justices, and other officials, with the agreement of the majority of the Senate.
- Requests written opinions of administrative officials.
- Fills administrative vacancies during congressional recesses.
Judicial
Powers:
- Grants reprieves and pardons for Federal crimes (except impeachment).
- Appoints Federal judges, with the agreement of the majority of the Senate.
Will you
explain national versus state government?
The first type of government in America was
based primarily on state government. Prior to the signing of the Constitution,
America had been made up of thirteen colonies, which had been ruled by England.
Following the Revolutionary War, these colonies, although they had formed a
league of friendship under the Articles of Confederation, basically governed
themselves. They feared a strong central government like the one they lived with
under England's rule. However, it was soon discovered that this weak form of
state government could not survive and so the Constitution was drafted. The
Constitution:
- defines and limits the power of the national government,
- defines the relationship between the national government and individual state governments, and
- guarantees the rights of the citizens of the United States.
This time, it was decided that a government
system based on federalism would be established. In other words, power is shared
between the national and state (local) governments. The opposite of this system
of government is a centralized government, such as in France and Great Britain,
where the national government maintains all power.
Sharing power
between the national government and state governments allows us to enjoy the
benefits of diversity and unity. For example, the national government may set a
uniform currency system. Could you imagine having 50 different types of coins,
each with a different value? You would need to take along a calculator to go
shopping in another state. By setting up a national policy, the system is fair
to everyone and the states do not have to bear the heavy burden of regulating
their currency.
On the other
hand, issues such as the death penalty have been left up to the individual
states. The decision whether or not to have a death penalty, depends on that
state's history, needs, and philosophies.
What are the exclusive powers
of the national (aka federal) government and state governments?
| National Government | State Governments |
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What powers are denied to the
national government and state governments?
| National Government | State Governments |
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What
are the branches of national government and a brief description of their
responsibilities?
The
delegates to the
Constitutional Convention faced a difficult challenge. They wanted to ensure a
strong, cohesive central
government, yet they also wanted to ensure that no individual or small group in
the government would become too powerful. Because of the colonies’ experience
under the British monarchy, the delegates wanted to avoid giving any one person
or group absolute control in government. Under the Articles of Confederation,
the government had lacked centralization, and the delegates did not want to have
that problem again. To solve these problems, the delegates to the Constitutional
Convention created a government with three separate branches, each with its own
distinct powers. This system would establish a strong central government, while
insuring a balance of power.
Governmental power and functions in the United States rest in three
branches of government: the legislative, judicial, and executive. Article 1 of
the Constitution defines the legislative branch and vests power to legislate in
the Congress of the United States. The executive powers of the President are
defined in Article 2. Article 3 places judicial power in the hands of one
Supreme Court and inferior courts as Congress sees necessary to establish.
Though in
this system of a "separation of powers" each branch operates independently of
the others. However, there are built in "checks and balances" to prevent
tyrannous concentration of power in any one branch and to protect the rights and
liberties of citizens. For example, the President can veto bills approved by
Congress and the President nominates individuals to serve in the Federal
judiciary; the Supreme Court can declare a law enacted by Congress or an action
by the President unconstitutional; and Congress can impeach the President and
Federal court justices and judges.
Executive Branch
When the
delegates to the
Constitutional Convention created the executive branch of government, they gave
the president a limited term of office to lead the government. This was very
different from any form of government in Europe and caused much debate. The
delegates were afraid of what too much power in the hands of one person might
lead to. In the end, with a system of checks and balances included in the Constitution, a single
president to manage the executive branch of government was adopted.
The executive
branch of Government enforces the laws of the land. When George Washington was
president, people recognized that one person could not carry out the duties of
the President without advice and assistance. The President receives this help
from the Vice President, department heads (Cabinet members), heads of
independent agencies, and executive agencies. Unlike the powers of the
President, their responsibilities are not defined in the Constitution but each
has special powers and functions.
The Legislative
Branch
The legislative branch of
government has the authority to make laws for the nation. It was established in
Article I of the Constitution with the creation of Congress.
Congress is bicameral, that
is, it is made up of two chambers, the Senate and the House of Representatives.
This system was created by the Founding Fathers after much debate. Delegates to
the Constitutional Convention from larger and more populated states wanted
congressional representation to be based upon population. Fearing domination,
delegates from smaller states wanted equal representation. The Great Compromise
resulted in the creation of two houses, with representation based on population
in one and with equal representation in the other.
Judicial Branch
The judicial
branch of government is established in Article III of the Constitution
with the creation of the Supreme Court. This court is the highest court in the
country and is empowered with the judicial powers of the government. There are
lower Federal courts but they were not created by the Constitution. Rather,
Congress deemed them necessary and established them using power granted from the
Constitution. Courts decide arguments about the meaning of laws, how they are
applied, and whether they break the rules of the Constitution. A court's
authority to decide constitutionality is called judicial review.
What
are additional differences between state governments and national
government?
The
Tenth Amendment to the Constitution states that "The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
State
governments have their own constitutions, similar to that of the national
Constitution; however, the laws made in individual states cannot conflict with
the national Constitution. The state constitutions all differ because each state
has unique histories, needs, philosophies, and geography.
During the first 100 years of United States
history, the states did most of the governing that directly affected the people.
The national government mainly concentrated on foreign affairs. This is known as
"dual federalism," where each level of government controlled its own sphere.
However, during this time a rift began to form between the two over the issue of
who had sovereignty that would in the Civil War.
Who is
the final arbiter when there are differences, disagreements, and conflicts
between state governments and federal government?
The United
States Supreme Court is the final arbiter in interpreting the U.S. Constitution
and which law or government action violated it.
The Constitution established the Supreme Court
as the highest court in the United States. The authority of the Court originates
from Article III of the U.S. Constitution.
One of the
Supreme Court’s most important responsibilities is to decide cases that raise
questions of constitutional interpretation. The Court decides if a law or
government action violates the Constitution. This is known as judicial review
and enables the Court to invalidate both federal and state laws when they
conflict with the Constitution. Since the Supreme Court stands as the ultimate
authority in constitutional interpretation, its decisions can be changed only by
another Supreme Court decision or by a constitutional amendment.
Judicial
review puts the Supreme Court in a pivotal role in the American political
system, making it the referee in disputes among various branches of the Federal,
as well as state governments, and as the ultimate authority for many of the most
important issues in the country.
The Supreme
Court exercises complete authority over the federal courts, but it has only
limited power over state courts. The Court has the final word on cases heard by
federal courts, and it writes procedures that these courts must follow. All
federal courts must abide by the Supreme Court’s interpretation of federal laws
and the Constitution of the United States. The Supreme Court’s interpretations
of federal law and the Constitution also apply to the state courts, but the
Court cannot interpret state law or issues arising under state constitutions,
and it does not supervise state court operations.
What did President Abraham
Lincoln say caused the Civil War?
President Lincoln stated
concisely that secession caused the Civil
War, and he
believed and thought that secession was
unlawful.
On April 15, 1861, responding to the
secession of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana,
and Texas, Lincoln issued his proclamation on the
subject and affirmed that the "laws of the United States have been, for some
time past, and now are opposed, and the execution thereof obstructed, in the
States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and
Texas, by combinations too powerful to be suppressed by the ordinary course of
judicial proceedings, or by the powers vested in the marshals by law. Now,
therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the
power in me vested by the Constitution and the laws, have thought fit to call
forth, and hereby do call forth, the militia of the several States of the Union,
to the aggregate number of seventy-five thousand, in order to suppress said
combinations [suppress and force the combination of seven Southern states that
seceded back into the Union], and to cause the laws to be duly
executed."
Lincoln proclaimed the why, the
motive, the reason, the cause that the Union was going to war - secession. The
"said combinations," in Lincoln's own words, were the secession of the states of
South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and
Texas. Lincoln affirmed explicitly that he was determined to raise an army and
suppress secession in the
Southern states.
What caused the Civil War (aka Causes of the Civil War), the President of the United States -- as commander-in-chief and chief executive -- declared that the sole cause of the Civil War was secession. Lincoln, by assuming absolute and ultimate authority, chose war to suppress what he deemed a rebellion in the Southern states. If the South embraced and espoused slavery and if the South stated that the institution, alone, justified war, it was ultimately the President of the United States, possessing absolute responsibility and duty as chief executive for the nation, who, to the contrary, declared war on the South because of secession. As President, Lincoln declared that the South was guilty only of rebellion, and, without the consent of Congress and contrary to pleas from the Supreme Court, Lincoln raised an army and subsequently invaded the Southern states. Moreover, the decision to declare war or to "suppress a rebellion," and to state what caused the Civil War, was proclaimed by President Abraham Lincoln himself; and he stated his position for war plainly. (See also Abraham Lincoln on Causes of the Civil War and Secession.)
Prior to April 15, 1861, seven Southern states, South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana and Texas, had seceded from the Union. On April 15, 1861, Lincoln stated in his Call For Troops that the only cause of the Civil War was secession in the Southern states, and that troops were being called upon in order to "suppress the rebellion" and force the states back into the Union. Just 2 days after Lincoln's Call for Troops to raise an army and invade the South, Virginia seceded (April 17), followed by Arkansas, North Carolina and Tennessee. Kentucky, meanwhile, refused to recruit a single soldier for Lincoln's "wicked cause," and Maryland, a free state, was invaded by U.S. troops and placed under martial law, while Delaware, though of divided loyalty, did not attempt it. In Missouri, on October 31, 1861, a pro-CSA remnant of the General Assembly met and passed an ordinance of secession.
Did President Abraham Lincoln ever state that slavery caused the Civil War?
No. Lincoln never stated publicly or in any document that abolishing the institution of slavery was why he called upon the troops to suppress the rebellion in the seceded states, or to free the slaves was the cause of the Civil War. Lincoln stated that the Southern states had seceded, and he was determined to suppress it, secession, and force the states back into the Union. According to the president, secession was the only cause of the Civil War.
So Abraham Lincoln was responsible for the Civil War?
The South was culpable in that its secession directly influenced Lincoln's decision, albeit an unconstitutional decision, for Civil War. According to President Lincoln's own proclamation, he, as chief executive for the United States and commander-in-chief for the nation's military, raised an army, in his Call For Troops, and went to war, to Civil War, in his own words: to suppress the rebellion in the seceded states in the South. So Southern secession caused the Civil War, but Lincoln as chief executive and commander-in-chief assumed sole responsibility by raising an army and invading the Southern states. See also Secession and Why did the Southern States Secede.
Why didn't the Supreme Court interpret the Constitution and address secession?
Because President Lincoln thought otherwise, and he also opined and stated that: "Now, therefore, I, Abraham Lincoln, President of the United States in virtue of the power in me vested by the Constitution and the laws, have "thought" [emphasis mine] fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed."
With the preceding proclamation by Lincoln, according to Article II of the Constitution, the president not only overstepped his executive authority by interpreting the Constitution, which, according to Article III of the Constitution was reserved ultimately and exclusively for the Supreme Court, but Lincoln also mobilized a massive army and marched it deep into the Southern states and caused the greatest loss of life in the history of the United States.
Lincoln's comment that "the power in me vested by the Constitution and the laws, [I] have thought..." is most troublesome, since no such power was vested in him by the Constitution, period. Article II of the Constitution does not, furthermore, vest that power in the office of the presidency.
Separation of Powers and checks and balances, nevertheless, according to Lincoln, meant nothing because, as president, he "thought" that he held the ultimate authority and power to interpret the Constitution, and that his "thought" was final, even though, according to Article III of the Constitution, he had no constitutional right or power to act. Lincoln would also suspend the writ of habeas corpus, impose martial law, and imprison thousands without due process, even when, according to the Chief Justice, Lincoln had no authority to do so.
Article III of the Constitution states emphatically that the "Supreme Court stands as the ultimate authority in constitutional interpretation."
The Constitution established the Supreme Court as the highest court in the United States, and one of the Supreme Court’s most important responsibilities is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This is known as judicial review and enables the Court to invalidate both federal and state laws when they conflict with the Constitution. Since the Supreme Court stands as the ultimate authority in constitutional interpretation, its decisions can be changed only by another Supreme Court decision or by a constitutional amendment.
If secession was constitutional or unconstitutional then it was the Supreme Court, through judicial review, who should have addressed it.
See also
