Lincoln and His Admirals

Symonds, Craig L.

doi:10.2307/j.ctt13x0bmq.16

Cited by 2 publications

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“…But that did not prevent courts from ruling against naval officers in any number of cases during the period. 192 The Liebers' account of emergency measures during the Civil War and its aftermath arose out of the world in which such cases reviewing the use of force were standard operating procedure. The Liebers were thus able to propound a fierce executive emergency power appropriate for the emergency at hand, while nonetheless insisting on actually existing and institutionally enforceable limits.…”

Section: The Standard Of Reasonmentioning

confidence: 99%

A Lost Theory of American Emergency Constitutionalism

Witt¹

2018

Law hist. rev.

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In the wake of the Civil War, Columbia Law School professor Francis Lieber, architect of some of the Lincoln administration's most important legal strategies, set out to write a definitive text on martial law and the emergency power. Lieber's text would have summed up his view of the legal lessons of the Civil War. Lieber died in 1872, leaving an unfinished manuscript to his son, Guido Norman Lieber, soon to become the Judge Advocate General of the Union Army. Norman Lieber worked on the manuscript but never finished it. Hidden deep in the younger Lieber's papers in the National Archives, the manuscript summarizes a strand of thinking about constitutional emergencies that first emerged in the controversies over slavery, then animated Emancipation and the broader legal strategy of the Lincoln White House, before running headlong into the post-war backlash signaled by the Supreme Court's 1866 decision inEx Parte Milligan. Building on debates over martial law in Anglo-American empire, the Liebers’ thinking embraced a forceful but constrained approach that made a cabined form of necessity the central principle of emergency governance in the modern state.

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Section: The Standard Of Reasonmentioning

confidence: 99%