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What did the US Supreme Court rule on the authority of US President Lincoln to suspend the US Constitution during the US Civil War?
ChuckSiata
In defense of lawsuits and other challenges to President Lincoln's authority to suspend any part of the US Constitution, his counsel stated that the US president, the Constitution contemplated and tacitly provided that the president should be a dictator and that all or any parts of the US Constitution can be suspended if a president believed the nation was in great danger. On this premise, Lincoln, for all practical purposes believed that his authority as a dictator was proper under the Constitution.The US Supreme Court in a 5 to 4 decision said that Lincoln's actions were in a manner of speaking "OK". The Court did so on narrow grounds and made no attempt to justify Lincoln's idea that allowed a president to make unconstitutional acts constitutional.
However, when a president was acting as commander in chief, a president in the actions required to end an insurrection, any president could decide on his own had wide sweeping authority.
Historians say that President Lincoln understood that any of his "decrees" could be subverted, and kept a careful eye on his subordinates as they enforced his decrees, trying at all times to assure the Congress, the nation and himself, that his suspensions of various constitutional were not abusive.
As it was, keeping tabs on the actions of subordinates was difficult and any number of persons were falsely accused of spying, or committing other acts that they never committed. Abuses did happen,
Wiki User
∙ 8y ago
Wiki User
∙ 10y agoThe part of the US Constitution that President Lincoln suspended during the US Civil War was Habeas Corpus. It was suspended in 1861 and restored in 1866.
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