Lincoln S Supreme Court

An examination of the justices in the Supreme Court who served during America's darkest hour, and how Lincoln was able to govern effectively, even though he stretched his Constitutional authority to the limits.

More than four decades after its initial publication this book is still the only one to focus exclusively on President Abraham Lincoln's role in modifying the Supreme Court membership to secure the power he needed to save the Union.

In a meticulously researched and engagingly written narrative, Brian McGinty rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict. Lincoln was, more than any other president in the nation's history, a "lawyerly" president, the veteran of thousands of courtroom battles, where victories were won, not by raw strength or superior numbers, but by appeals to reason, citations of precedent, and invocations of justice. He brought his nearly twenty-five years of experience as a practicing lawyer to bear on his presidential duties to nominate Supreme Court justices, preside over a major reorganization of the federal court system, and respond to Supreme Court decisions--some of which gravely threatened the Union cause. The Civil War was, on one level, a struggle between competing visions of constitutional law, represented on the one side by Lincoln's insistence that the United States was a permanent Union of one people united by a "supreme law," and on the other by Jefferson Davis's argument that the United States was a compact of sovereign states whose legal ties could be dissolved at any time and for any reason, subject only to the judgment of the dissolving states that the cause for dissolution was sufficient. Alternately opposed and supported by the justices of the Supreme Court, Lincoln steered the war-torn nation on a sometimes uncertain, but ultimately triumphant, path to victory, saving the Union, freeing the slaves, and preserving the Constitution for future generations.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.

Collected together, James F. Simon’s books share the bitter struggles and compromises that have characterized the relationship between the presidents and the Supreme Court Chief Justices across US history. The bitter and protracted struggle between President Thomas Jefferson and Supreme Court Chief Justice John Marshall; the frustration and grudging admiration between FDR and Chief Justice Hughes; the clashes between President Abraham Lincoln and Chief Justice Roger B. Taney. These were the conflicts that ended slavery, that rescued us from the Great Depression, and that defined a nation—for better and for worse. And, Simon brings them to brilliant and compelling life.

This volume gathers the best previously unpublished and uncollected writings on Abraham Lincoln and Lincoln scholarship by one of his great biographers, Benjamin P. Thomas. A skilled historian and a masterful storyteller himself, Thomas was widely regarded as the greatest Lincoln historian of his generation. With these essays, he combines historical depth with narrative grace in delineating Lincoln's qualities as a humorist, lawyer, and politician. From colorful tall tales to clever barbs aimed at political opponents, Lincoln clothed a shrewd wit in a homespun, backwoods vernacular. He used humor to defuse tension, illuminate a point, put others at ease--and sometimes for sheer fun. From an early reliance on broad humor and ridicule in speeches and on the stump, Lincoln's style shifted in 1854 to a more serious vein in which humor came primarily to elucidate an argument. "If I did not laugh occasionally I should die," he is said to have told his cabinet, "and you need this medicine as much as I do." Thomas brings his deep knowledge of Lincoln to essays on the great man's tumultuous career in Congress, his work as a lawyer, his experiences in the Courts, and his opinions of the South. A gracious survey of Lincoln's early biographers, particularly Ida Tarbell, stands alongside an appreciation of Harry Edward Pratt, a key figure in the early days of the Abraham Lincoln Association. Thomas also assesses Lincoln's use of language and the ongoing significance of the Gettysburg Address. This diverse collection is enhanced by an introduction by Michael Burlingame, himself a leading biographer of Lincoln. Burlingame provides a balanced portrait of Thomas and his circuitous path toward writing history.