1. Before looking at the actions Lincoln took to wage the war, we might ask the question why he thought it was necessary to resist secession. There were plenty of northerners who seemed willing to let the southern states depart in peace or who seemed inclined to craft some sort of compromise that would have given the south what it wanted—namely the expansion of slavery into the territories. Why did Lincoln reject these possibilities?

2. How did Lincoln understand the nature of the American union and the nature of the office he filled?

1. What was Lincoln’s understanding of the executive’s war powers? Did he believe he was acting constitutionally? Or did he believe that the emergency justified strong measures, whether constitutional or not?

2. What were the circumstances surrounding Lincoln’s initial suspension of habeas corpus? What provoked this action?

3. There are a number of texts in which Lincoln detailed and defended his suspension of the writ of habeas corpus. The first in importance is his Message to Congress in Special Session, delivered on July 4, 1861. Another important text is the letter he wrote June 12, 1863, responding to a group of New York Democrats who while professing loyalty to the Union had criticized Lincoln for the arrest of Clement Vallandigham, a notoriously disloyal Democrat, leader of the Copperheads. What do we learn from these writings about Lincoln’s understanding of executive prerogative?

4. Was it important that Lincoln publicly stated the reasons for his actions?

5. Why does Lincoln not fear any permanent danger to the system from an action like suspending habeas corpus? Was he correct about that?

6. What is the check upon prerogative being badly used?

7. In listing the things Lincoln did, it’s important also to note the things he did not do. Most prominently, he did not cancel the election of 1864, even though until very near the election he believed he would lose, which in turn might well have meant peace without the restoration of the Union. Could Lincoln’s understanding of executive power have justified delaying the election?

1. Lincoln had the constitutional responsibility of Commander-in-Chief of the armed forces. What were his priorities, and how did he pursue these aims?

2. What did civilian control of the military look like under Lincoln?

3. How did Lincoln perform as a strategist?

4. The American Civil War had more casualties than any other war in American history. Was Lincoln right to continue the fight to the end or should he have sought a negotiated peace?

1. For some, then and now, the Emancipation Proclamation was a more questionable use of the executive’s war powers than the suspension of habeas corpus. Before his election to the presidency in 1860, Lincoln often stated that he had no intention, and no constitutional authority, to interfere with slavery in the states where it existed. How, then, did he come to issue the Emancipation Proclamation, and how did he justify it constitutionally?

 1. What is the relation of executive power to constitutional government or the rule of law?

2. To what degree do liberal democracies need energetic executive power?

3. What does Lincoln’s example show us about the relationship of executive power to the rule of law? Did Lincoln violate the Constitution or uphold it? Were his actions justified?

4. By what standard do we judge when the exercise of executive prerogative is an unjustified violation of the rule of law?

5. What makes an effective President and Commander-in-Chief?

6. Some historians reject the “great individual” approach to history—just how essential was Lincoln to this period in history, and to the nation’s survival?