posted on Mar, 18 2007 @ 07:52 PM
Lincoln was another great president who walked a fine line (and occasionally crossed it) on the constitution. I believe that some allowance has to be
given for the fact that it has taken time for our understanding of our own constitution as it affects various contingencies, and Lincoln was in the
rough position of having to correct the fatal flaw of America- that it endorsed an institution completely incompatible with its own founding
principles.
I think it was ultimately a positive thing that Lincoln was not impeached, despite the places where he overstepped his bounds, because he was
shepherding this country through a crisis for which we were not constitutionally prepared because of the founder's inability to effectively address
the issue of slavery, he did not act in malice, and ultimately he was successful.
We do however have to assure that Lincoln's extraordinary circumstances are not used as a precedent that justifies a decision to let defects lie
unaddressed with the intention of solving them in Lincoln's way if they ever become a problem. The constitution's generally nonrestrictive structure
allows us to plan to address contingencies within the bounds of the constitution's general principles, providing that we plan ahead.
Take Lincoln's suspension of Habeus Corpus and the other questions of the constitution's invoidability which were raised by the idea that America
could face a hostile army entitled to constitutional protection.
The vesting of power in congress to create inferior courts to the SCOTUS provides the means by which to establish an emergency court system of
appropriate size and rules that it can serve the constitutional rights of Americans who are alleged to have committed crimes under extraordinary
circumstances to which our existing system is poorly suited. It was inappropriate for the executive branch to usurp the duty of congress in making
provisions for the administration of justice in those circumstances.
The same problem lies in wait in the form of FEMA today, which I suspect ties in to what our friend dislikes Lincoln for. Martial law, under any
circumstances, is unconstitutional in my opinion. Under no circumstances what so ever shall any system which does not conform to constitutional
standards be justified. It is the duty of Congress to create a system which would provide order under extraordinary circumstances in a way that
respects the constitutional rights of those who fall under said system. Until this is done, Lincoln's great legacy does pose a great danger if
misinterpreted. A failure that works out well is still a failure to learn from, not a victory to rest upon.
I wouldn't have wanted Lincoln impeached, but his administration is one of those things where you hold your breath, you watch it work out, and you
tell him, "thanks for pulling that off, now please don't ever do it again."