Showing posts with label American Civil War. Show all posts
Showing posts with label American Civil War. Show all posts

Friday, September 6, 2013

North Carolina in the Civil War

North Carolina in the Civil War

Introduction

During the American Civil War, North Carolina provided at least 125,000 soldiers to the Confederacy, and the Tar Heel State recruited more soldiers than any Southern state. More than 620,000 died in the Civil War and approximately 40,000 were North Carolinians. (Total Union and Confederate Civil War Killed and Mortally Wounded (Dead), With Numbers for Each Northern and Southern State: North Carolina Emphasis.) The greatest loss sustained by any regiment (North or South) during the Civil War was the Twenty-sixth North Carolina Infantry Regiment at Gettysburg. It sent more than 800 men into action and more than eighty percent were disabled.

During the Civil War, North Carolina suffered the greatest loss of life, the most casualties, than any other Southern state. As a result, during Reconstruction, the State was devastated. The population of widows and orphans boomed across the State, and the only relief and assistance was to pick yourself up and keep on going. There was, however, very little, if any, assistance for most citizens from the State government. Widows and children now tended the farm, since agriculture dominated the State, and the boys became men and the girls became women. The wounded, including mentally disabled from the scars of Civil War, were an additional crisis for the State of North Carolina. Subsequently, insane asylums were created across the State. The Tar Heels, as they were known, gradually recovered through the same "grit and stickability of their forefathers."

Road to Secession

"In the agitation that pervaded the South previous to secession, North Carolina preserved its usual conservative calmness of action."
 
The people of North Carolina, although profoundly stirred and keenly alive to the gravity of the impending crisis, were loath to leave the Union cemented by the blood of their fathers. That retrospectiveness which has always been one of their marked characteristics, did not desert them then. Even after seven of her sister States had adopted ordinances of secession, "her people solemnly declared" -- by the election of the 28th of February, 1861, -- "that they desired no convention even to consider the propriety of secession."

But after the newly-elected President's Springfield speech, after the widespread belief that the Federal government had attempted to reinforce Fort Sumter in the face of a promise to evacuate it, and especially after President Lincoln's requisition on the governor to furnish troops (Governor John Willis Ellis: A Reply to President Lincoln) for what Governor Magoffin, of Kentucky, called "the wicked purpose of subduing sister Southern States," -- a requisition that, Governor Jackson, of Missouri, in a superflux of unlethargic adjectives, denounced as "illegal, unconstitutional, revolutionary, inhuman, diabolical" -- there was a rapid change in the feelings of the people of North Carolina. Strong union sentiment was changed to a fixed determination to resist coercion by arms if necessary. So rapid was the movement of public events, and so rapid was the revolution in public sentiment, that "just three months after the State had refused even to consider the question of secession, a convention composed of almost entirely of men who thought it was the imperative duty of their State to withdraw from the Union was in secession in Raleigh." (Southern States Secede: Secession of the South History.)
Secession

On May 20th, a day sacred to her citizens in that it marked the eighty-six anniversary of the colonial Declaration of Independence of England, the fateful ordinance that severed relations with the Union was adopted:

AN ORDINANCE TO DISSOLVE THE UNION BETWEEN THE STATE OF NORTH CAROLINA AND THE OTHER STATES UNITED WITH HER UNDER THE COMPACT OF GOVERNMENT ENTITLED THE CONSTITUTION OF THE UNITED STATES.
 
We, the people of the State of North Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the State of North Carolina in the Convention of 1789, whereby the Constitution of the United States was ratified and adopted, and also, all acts and parts of acts of the General Assembly, ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded and abrogated.
 
We do further declare and ordain, That the union now subsisting between the State of North Carolina and the other States under the title of the United States of America, is hereby dissolved, and that the State of North Carolina is in the full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State. [Ratified the 20th day of May, 1861.]
 
Sentiment
 
On April 13, 1861, Fort Sumter fell to South Carolina troops. President Lincoln, consequently, called for 75,000 troops to coerce and subdue the seceded states (Lincoln's Call For Troops). On April 15 the Lincoln administration demanded that North Carolina furnish two regiments for this undertaking.
 
On April 15, North Carolina Governor John Ellis promptly replied by telegram to President Abraham Lincoln and stated that "Your dispatch is received, and if genuine, which its extraordinary character leads me to doubt, I have to say in reply, that I regard the levy of troops made by the administration for the purpose of subjugating the states of the South, as a violation of the Constitution, and as a gross usurption of power. I can be no party to this wicked violation of the laws of the country and to this war upon the liberties of a free people. You can get no troops from North Carolina."
 
Zebulon Vance (right) arrived in Washington at the age 28 and was the youngest member of Congress and one of the strongest Southern supporters of the Union. In March of 1861, however, when indications reflected that the North Carolina legislature was going to vote for secession, Vance resigned his seat and returned home. Vance was soon elected as North Carolina's governor in 1862 and reelected in 1864. (North Carolina Governors.)
 
The young Vance was known throughout the Southern states as the "War Governor of the South," not because he was a war hawk, but because of his ability to wisely manage the state even during its most tumultuous hour. Many believed that the most remarkable Vance policy was his insistence of the rule of law in the midst of the devastation and confusion of Civil War. Vance had previously commanded the valiant 26th North Carolina Infantry.
 
 
Civil War
 
During the American Civil War, North Carolina provided at least 125,000 soldiers to the Confederacy, and the Tar Heel State recruited more soldiers than any Southern state. More than 620,000 died in the Civil War and approximately 40,000 were North Carolinians. (Total Union and Confederate Civil War Killed and Mortally Wounded (Dead), With Numbers for Each Northern and Southern State: North Carolina Emphasis.)
The Old North State provided 69 infantry regiments and 4 infantry battalions; 9 cavalry regiments and 9 cavalry battalions; 2 heavy artillery battalions, 4 artillery regiments, 3 light artillery battalions, and 4 light artillery batteries. Several North Carolina infantry regiments mustered 1,500 soldiers, while few regiments mustered as many as 1,800. Furthermore, North Carolina's sole legion, Thomas' Legion, mustered more than 2,500 soldiers, while the average Civil War regiment mustered 1,100 soldiers. Regarding the State's troops, A Guide to Military Organizations and Installations of North Carolina 1861-1865, explains the numerical designations according to branch of service and the nature and character of each unit's organization.
Approximately 10,000 white North Carolinians served the United States during the war, while more than 5,000 North Carolina African Americans joined the Union Army. These free blacks and escaped slaves served in segregated regiments led by white officers.
 
During campaigns, huge numbers of men and large quantities of equipment shifted and maneuvered across the landscape. Most North Carolina soldiers carried a haversack, an oilskin cloth, a blanket, a rifle, a bayonet, cartridges, percussion caps, a cartridge box, a drinking cup, and a canteen. Troops often marched twelve to fifteen miles a day. Seasoned soldiers soon learned to carry only essential items.
 
 
The following Major Civil War Campaigns, Expeditions, Operations, and Raids were fought on North Carolina soil:
 
Early in the war, "General Robert E. Lee was fearful that General Ambrose Burnside would find out the defenseless condition of North Carolina and move forward. Every night General Lee telegraphed: 'Any movement of the enemy in your front to-day?'"
At the close of 1862, only two regiments of infantry were left in North Carolina, the Fiftieth and Fifty-first, and the Union forces on the coast could, had they been apprised of the heavy movement of troops, "have swept without opposition over all the State. A people less brave and less patriotic would never have consented to incur such a risk with so strong an enemy at its doors. The governor exposed his own capital to save that of the Confederacy." At the close of the Civil War, consequently, North Carolina had "forty regiments in Virginia."
 
The legislature directed General James Green Martin, late in September, to provide winter clothing, shoes, etc., for the troops. The time was short and it was no small task, but he went about it with his usual energy. He organized a clothing factory in Raleigh, under the leadership of Captain Garrett; every mill in the State was made to furnish every yard of cloth that was possible; Captain A. Myers was sent through North Carolina, South Carolina and as far south as Savannah, Georgia, purchasing everything that was available for clothing the troops. The ladies came nobly to their assistance and furnished blankets, quilts, and whatever they could. Many carpets were torn up, and by the combined efforts of the ladies and the officers, these were lined with cotton and made into quilts. The troops of North Carolina were clothed the first winter of the war, if not exactly according to military regulations, at least in such a manner as to prevent much suffering. After this winter the State was in better condition to supply the wants of the troops.
 
Regarding the preparing, organizing, and mobilizing of North Carolina for the Civil War: "The man [James Green Martin] thus trusted was a one-armed veteran of the Mexican war, a rigid disciplinarian, thoroughly trained in office work, and not only systematic but original in his plans. The State has never fully appreciated, perhaps never known, the importance of the work done for it by this undemonstrative, thoroughly efficient officer." Words of Daniel Harvey Hill, Jr., author of Confederate Military History Of North Carolina: North Carolina In The Civil War, 1861-1865
 
The United States Arsenal at Fayetteville was also enlarged and machinery that had been removed from the captured United States armory in Harpers Ferry, Virginia (now West Virginia), was installed there. This manufacturing complex became the second-largest source (after Richmond) of domestically produced arms in the Confederacy. In addition, there were rifle-manufacturing sites in Asheville and Guilford County. A large bayonet factory was established in Raleigh, and in Kenansville a private concern made swords, bayonets, and other war-related goods. North Carolina's entire textile production during the war was used for uniforms and other military supplies.
 
 
In January of 1863, the troops of North Carolina were disposed, so far as the records show, as follows: Thirty-two regiments and one battalion of infantry; two regiments of cavalry and three battalions were with General Robert E. Lee; under the command of General Kirby Smith, the Fifty-eighth, Colonel Palmer, the Sixty-fourth, Colonel Allen, and Fifth Cavalry Battalion, Captain S. W. English, were stationed at Big Creek gap, Tennessee; the Sixty-second regiment, Colonel Love, was guarding bridges near Knoxville; the Seventh Cavalry Battalion was in Carter County, TN.; Walker's Cavalry Battalion of Thomas' Legion was in Monroe County, TN.; the Twenty-ninth, Colonel Vance, and the Thirty-ninth, Colonel Coleman, were in General Bragg's army. In North Carolina, General Whiting was in charge of the defenses of Wilmington, with 9,913 officers and men. General S. D. French, in charge of the Department of North Carolina, had his forces stationed as follows: General Pettigrew's brigade at Magnolia; General N. G. Evans' South Carolina brigade at Kinston; General Daniel's brigade, General Davis' brigade, Maj. J. C. Haskell's four batteries, Colonel Bradford's four artillery companies, and Captain J. B. Starr's light battery at Goldsboro; the Forty-second regiment, Colonel George C. Gibbs, and Captain Dabney's heavy battery at Weldon; the Seventeenth regiment, Colonel W. F. Martin, at Hamilton; General B. H. Roberson and three regiments of cavalry at Kinston; Thomas' Legion in the mountains. The field returns for January show that the forces scattered over the State aggregated 31,442 men.

In an effort to alleviate the state of affairs at the opening of 1864, a force of magnitude was sent to North Carolina. General George Pickett, a well-known soldier of great zeal and valor, with a division of troops, advanced to the State to assist the forces already there.
 
The close of 1863 was gloomy enough in eastern North Carolina. Moore thus describes it: "The condition of eastern North Carolina grew hourly more deplorable. Frequent incursions of the enemy resulted in the destruction of property of all kinds. Especially were horses and mules objects of plunder. Pianos and other costly furniture were seized and sent North, while whole regiments of 'bummers' wantonly defaced and ruined the fairest homesteads in eager search for hidden treasure. The 'buffaloes,' in gangs of a dozen men, infested the swamps and made night hideous with their horrid visitations. They and their colored coadjutors, by all manner of inducements, enticed from the farms such of the negro men as were fitted for military duty....To the infinite and undying credit of the colored race, though the woods swarmed with negro men sent back on detailed duty for the purpose of enlisting their comrades in the Federal army, there were less acts of violence toward the helpless old men, women and children than could have been possibly expected under the circumstances."
 
General Lee said if Fort Fisher fell he could not subsist his army.
 
"A great point would be gained in any event by the effectual destruction of the Wilmington and Weldon Railroad." United States Maj. Gen. George B. McClellan
 
On October 25, 1836, construction began on the Wilmington and Raleigh Railroad to connect the port city of Wilmington with the state capital of Raleigh. In 1849 the North Carolina Railroad was created by act of the legislature to extend that railroad west to Greensboro, High Point, and Charlotte. During the Civil War the Wilmington-to-Raleigh stretch of the railroad would be vital to the Confederate war effort; supplies shipped into Wilmington would be moved by rail through Raleigh to the Confederate capital of Richmond, Virginia.
 
After Fort Fisher was captured in early 1865, the city of Wilmington soon capitulated, placing the vital Wilmington to Richmond rail line in Union hands, thus denying Lee the ability to resupply his troops in Virginia, and the bloody Civil War would soon come to an end. (Expedition against Fort Fisher and Operations against Fort Fisher and Wilmington.)
 
 
In January 1865, after a failed attempt in December 1864, "The U.S. navy department was able to concentrate before Fort Fisher a larger force than had ever before assembled under one command in the history of the American navy--a total of nearly sixty vessels." (See North Carolina Coast and the American Civil War: Operations, Campaigns, and Expeditions.)
 
"All day and all night on the 13th and 14th of January 1865," says Confederate Colonel Lamb, "the Union fleet kept up a ceaseless and terrific bombardment....It was impossible to repair damage at night. No meals could be prepared for the exhausted garrison; the dead could not be buried without new casualties. Fully 200 had been killed during these two days, and only three or four of the land guns remained serviceable."
No effort of any importance seems to have been made by the commanding general, Braxton Bragg, to assist the doomed fort.
 
“Then the massive land forces approached nearer and nearer by pits and shelter, and Colonel Lamb, and all their officers and men fight for the important fort; frequently did they signal for the aid they sorely needed.”
General Whiting, a most gallant and noble soldier, and Colonel Lamb, a determined veteran and warrior, were both severely wounded. On the 15th of January, after exhausting every energy, Fort Fisher was surrendered. The Federal loss is stated at 1,445. The Confederate garrison lost about 500. Few more gallant defenses against such odds are recorded. General Whiting died shortly after in a Northern prison.
Western North Carolina spent much of the conflict fighting against both Union incursions, i.e. Stoneman's Cavalry Raid, and bushwhackers, e.g. Captain Goldman Bryson's Union Volunteers.
 
North Carolina soon witnessed that great Battle of Bentonville--the largest battle fought in North Carolina and the last full-scale Confederate offensive--and the location's Harper House served as a Union field hospital. (See Official Order of Final Surrendering Confederate Forces of the American Civil War.)
 
Aftermath
 
North Carolina furnished roughly one-sixth of the entire Confederate Army. And at the surrender at Appomattox, one-half of the muskets stacked were from North Carolina. The last charge of the Army of Northern Virginia under Lee was made by North Carolina troops. The Old North State sent at least 125,000 soldiers into combat and more than 40,000 perished, which is roughly 1-in-3 or one-third of North Carolina’s army. North Carolina deaths were more than twice the percentage sustained by the soldiers from any other state. Roughly 6.5% of the total killed during the Civil War hailed from the Tar Heel State. North Carolina soldiers totaled a staggering 22% of all Confederate combat deaths (killed-in-action and mortally wounded). The South lost 25% of its military aged men, however, about 32% of North Carolina's combatants died. For every soldier killed in combat two died from disease. 12.5% of the entire Confederate Army that died from disease hailed from the Old North State. While 33 generals were North Carolinians, 9 were killed in battle (roughly 27% of the state's generals were killed-in-action). An estimated three-and-a-half million men (3,500,000) fought in the American Civil War and 620,000 perished, which is more than all of America's combined combat fatalities (includes combat statistics and fatalities for all American conflicts and wars). Diseases and Napoleonic Linear Tactics, consequently, were the contributing factors for the high casualties during the American Civil War.
 
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Friday, August 30, 2013

President and War Powers, aka War Powers Clause

President and War Powers: A History

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 GovernmentState Governments
  • Print money
  • Regulate interstate (between states) and international trade
  • Make treaties and conduct foreign policy
  • Declare war
  • Provide an army and navy
  • Establish post offices
  • Make laws necessary and proper to carry out the these powers
  • Issue licenses
  • Regulate intrastate (within the state) businesses
  • Conduct elections
  • Establish local governments
  • Ratify amendments to the Constitution
  • Take measures for public health and safety
  • May exert powers the Constitution does not delegate to the national government or prohibit the states from using
What powers are denied to the national government and state governments?
National GovernmentState Governments
  • May not violate the Bill of Rights
  • May not impose export taxes among states
  • May not use money from the Treasury without the passage and approval of an appropriations bill
  • May not change state boundaries
  • May not enter into treaties with other countries
  • May not print money
  • May not tax imports or exports
  • May not Impair obligations of contracts
  • May not suspend a person's rights without due process
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 culminate 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.
 
 
 
 
 
 
 
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