Today, one of the least-discussed aspects of the Emancipation Proclamation is whether it gave rise to a takings claim. The Proclamation was enacted under Lincoln’s war powers, whereby he seized property (slaves) in the rebel states, and then emancipated them.
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Why did the Southern states choose to secede when Abraham Lincoln was elected president in November of 1860? At the time, Southerners attributed “secession winter” to the fear that Lincoln and the Republicans fully intended to make war on slavery,
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America’s conflicts since 9/11 have thrust the question of the conduct of war into the public consciousness in a way not seen since Vietnam. What is the difference between a soldier and an unlawful combatant? Is the latter protected by
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Abraham Lincoln is in the news again. That means that our politicians are comparing themselves to President Lincoln. This is an old pattern. After David McCullough’s Truman became a bestseller, the political class was busy drawing Truman comparisons. Now they
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On January 1, 1863 Abraham Lincoln issued the Emancipation Proclamation freeing slaves in those states that were then in rebellion against the federal government. It is not a document frequently remembered or celebrated despite its intention to liberate slaves in
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David Nichols’ comment on Abraham Lincoln’s decision to issue an Emancipation Proclamation on January 1st, 1863, is a perceptive and nuanced appraisal of Lincoln’s path to the proclamation. The principal question with which Nichols has had to deal
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Professor Nichols urges us to revisit the arguments surrounding the Emancipation Proclamation (EP) for two reasons. The second reason noted is that the “constitutional issues at stake . . . are relevant to contemporary American politics.” That’s true enough, especially
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On July 22, 1862 President Abraham Lincoln presented a plan to his cabinet to issue a proclamation emancipating slaves in all states that remained in rebellion as of January 1, 1863. At the urging of Secretary of State William Seward
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The next edition of Liberty Law Talk is with professor and author John Fabian Witt on the subject of his new book Lincoln’s Code: The Laws of War in American History. Recently named by the New York Times to
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Director Steven Spielberg and screenwriter Tony Kushner’s Lincoln opens with a chaotic battle in a river, black and white soldiers struggling to kill each other in hand-to-hand combat. We then see pairs of black and white soldiers reciting from memory
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