Lincoln, Presidential Power, and the Rule of Law

40 Pages Posted: 22 Mar 2018 Last revised: 28 Mar 2018

Daniel A. Farber

University of California, Berkeley - School of Law

Date Written: March 19, 2018

Abstract

Every era has its unique challenges, but history may still offer lessons on how law empowers and restrains presidents. This lecture examines how Lincoln negotiated the tension between crisis authority and the rule of law. This analysis requires an appreciation of the wartime imperatives, institutions, and political forces confronting Lincoln and of the legal framework in which he acted. Similar issues unexpectedly arose in our times in the aftermath of the 9/11 attacks, providing a new point of comparison with Lincoln’s era. We need to better understand how political actors and institutions, the media, and public opinion can provide support for legal norms, lest we place all of our trust in Presidential self-restraint and good judgment.

Suggested Citation

Farber, Daniel A., Lincoln, Presidential Power, and the Rule of Law (March 19, 2018). UC Berkeley Public Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3144115 or http://dx.doi.org/10.2139/ssrn.3144115

Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
Room 894
Berkeley, CA 94720-7200
United States
510-642-0340 (Phone)
510-642-3728 (Fax)

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