Professor Wildenthal will discuss the impact on the U.S. Constitution of Abraham Lincoln's presidency, as he fought to preserve the Union and win the Civil War while also preserving the Constitution and the rule of law. President Lincoln is often cited as having expanded and even abused executive powers, sometimes to the point of violating the Constitution and laws. But Lincoln, in fact, was both a very canny lawyer as well as a gifted politician. He was deeply cognizant of the limits to his powers and the need to maintain respect for the rule of law. Abuses happened during the Civil War, on both sides, but the war also led to major advances in the rules governing humane treatment of enemy prisoners, even if those rules were not always followed.
Properly understood, Lincoln's presidency does not provide any justification for recent abuses of executive powers, though it does contain some cautionary lessons for our own times.
About the speaker:
Bryan H. Wildenthal is a Professor of Law at Thomas Jefferson School of Law (TJSL). He teaches and writes primarily in the fields of constitutional law and American Indian (Native American) law, with a strong historical focus in each of those fields. He has focused in particular on the development of constitutional law during the Civil War and Reconstruction eras of 1860 to 1877, during and after the presidency of Abraham Lincoln.
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Official Website: http://www.sdcpll.org/LawWeek/2009/index.html
Added by San Diego County Public Law Libr on April 8, 2009