Essay
Lincoln’s Grip
I was in Washington DC in December of 2022 with a man I had never met. We walked from the Ulysses S. Grant Memorial to Arlington National Cemetery. On the way we stopped at the Lincoln Memorial. My companion was uncomfortable. He clearly did not want to go inside. Such a grand memorial was an affront to his view of what America should be, to put it nicely. I sympathize with this view but don’t feel it in the core of my being as this gentleman did.
There are other Americans who believe that Abraham Lincoln embodies all that is good about America. He freed the slaves and saved the Union. He came from humble beginnings. He was honest and smart. Anything he might have done that was unconstitutional, he did to save the Union. There was no alternative to the war either. Lincoln could not let States secede or the Union would no longer exist. He had to stop that from happening. Lincoln had no choice.
Many of these Americans are successful, productive, and knowledgeable citizens. They are critical thinkers and are not afraid to have contrarian views. Not when it comes to Lincoln though.
The discussions or debates about Lincoln can usually be summarized with two questions. Those who think Lincoln was one of the worst presidents will answer one way. Those who think it is right Lincoln is sitting on a throne in a huge memorial answer another way.
Was Lincoln justified in deciding to use military power to force the seceded states back into the Union?
The Lincoln admirer will answer that he was. States cannot leave the Union “unilaterally” is the way many put it. They might also say something about the Confederates firing the first shots. The key is the strong belief that the Union is paramount. They often add that if states can decide to leave it would be chaos and anarchy.
The other side is that Lincoln ended the voluntary Union. Only nine of thirteen states were required to form the Union under the current Constitution. There is nothing in the Constitution that prohibits secession, so he should have let the states go. He had no Constitutional obligation to keep the Union the same size. His obligation was to defend the Constitution. The chaos or anarchy argument misses an important point. Don’t you want the central government concerned about each State or section and operating as if a State or section could choose to leave? What keeps the center in check if there are no consequences for incompetence or worse?
Did Lincoln violate the Constitution?
The biggest Lincoln supporters will say unequivocally that he did not. Harry Jaffa was in this camp. The
clearheaded in this group will admit that he did, but that he had no choice. If he had not utilized the tactics he did, more States might have seceded. Thus, he was justified. Some are very open on the topic and say that Lincoln changed the Constitution. Noah Feldman describes it as going from the “compromise” to the “moral” constitution based on Lincoln’s actions. He believes Lincoln’s actions were justified.
The Lincoln is not a saint crowd highlight the numerous violations of the Constitution and believe that ends do not justify means. We can’t allow presidents to decide what they will and will not abide by even in an “emergency”. There is a word for that. If the Constitution does not provide enough emergency powers for the executive, then amend it.
I have empathy for the Lincoln admirers and understand that if your vision for America is one indivisible nation with an all-powerful center, then Lincoln is key. My allegiance was always to the United States before a community or State. My father was a career military officer. I did not have a State. I admired Lincoln. I have thought for a long time that citizens are better off when services are provided locally. I also liked how States had different characteristics, laws, and even cultures.
My views on Lincoln have changed for two key reasons. First, Lincoln played a leading role in creating the gap between where we are now and my understanding of what the founders had in mind. Second, the war was avoidable if Lincoln let the seven States go.
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