Lincoln, Emancipation, and the Limits of Constitutional Change

39 Pages Posted: 22 Jun 2009 Last revised: 11 Mar 2012

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 2009

Abstract

This article examines the policy behind President Lincoln’s Emancipation Proclamation. Lincoln wrote the Emancipation Proclamation with the assumption that it would be challenged legally, while this never happened because its legality became moot after the ratification of the Thirteenth Amendment, Lincoln aimed to keep the proclamation as narrowly focused and constitutionally solid as possible. The article explores constitutional limitations on emancipation, the conditions leading up to emancipation, and the lasting effects of the emancipation during and following the Civil War.

Keywords: emancipation, Lincoln, thirteenth amendment

Suggested Citation

Finkelman, Paul, Lincoln, Emancipation, and the Limits of Constitutional Change (2009). Supreme Court Review, 2008; Albany Law School Research Paper No. 44. Available at SSRN: https://ssrn.com/abstract=1422623

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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