In Lincoln’s Constitution, Daniel Farber disagrees with DiLorenzo. Farber defends Lincoln's record on civil liberties, including the imprisonment without trial, military tribunals for civilians, emancipation, and his infringement on freedom of speech. He claims that Lincoln was not powerful enough to be a dictator and the violations he did commit were justified by the president’s war powers in the constitution.
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He justified the military tribunal because of the military tribunals capacity to act quickly, gather intelligence through interrogation, and to prevent confidential and potentially life-saving information from becoming public in civil courts. Additionally, with the numbers of people he allowed to be arrested the civilian courts may not have been able to keep up. All of the defendants in the military tribunals were American citizens, and while those from the south being tried in the military courts could be considered enemy combatants, those from the Northern or Border States were