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7 Cards in this Set
- Front
- Back
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What was Jefferson Davis' view on the constitution?
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That it was a pact between the states and if the national government breaches the pact then the states can leave.
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What was Lincoln's view on the constitution?
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That the people are soveregn and have re-delegated the sovereignty to the national government
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What presidential powers did Lincoln use?
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Power to suspend writ of habeus corpus
Power to emancipate slaves Power of Command in chief Power to establish military tribunals |
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What was Lincoln's argument for suspending habeas corpus?
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It's better to violate one clause to be able to execute all others
Congress should have done it under Art. I Section 9, but Lincoln says there wasn't time to get everyone together. |
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What did the Emancipation Proclamation do?
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It freed the slaves in the Confederate states to help the war along because slaves were helping the South.
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Who determines whether or not the president acted properly during war?
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The president
(Prize cases: Linclon could declare war without Congress because it was immediately necessary and it technically wasn't as much war with foreign nations as insurrection) |
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Can a civilian be tried in a military court during a time of war?
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Not if they are a citizen, the courts are opening and functioning and the person is not an enemy combatant
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