Lincoln and the Court [Hardcover]

Brian McGinty (Author)

Book Description

Publication Date: February 28, 2008

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.

(20071022)

Editorial Reviews

From Publishers Weekly

McGinty (The Oatman Massacre: A Tale of Desert Captivity and Survival) offers a lucid review of the major Civil War Supreme Court cases. The Civil War, as McGinty explains, was a struggle over constitutional interpretation: did Lincoln have the constitutional authority to do whatever he thought necessary to compel seceding states back to the Union? He thought so, but Chief Justice Roger Brooke Taney sometimes stood in his way. The first major clash was over Lincoln's suspension of habeas corpus, which Taney declared unconstitutional in the 1861 Merryman case. In 1862 came another battle, the Prize cases, regarding the constitutionality of Lincoln's declaring a blockade of Confederate ports. The Court also heard cases about whether a Union citizen could criticize a president during wartime and whether the Treasury Department could regulate trade between a Union state and the Confederacy. McGinty says that the Court could have struck down the president's major war measures but chose not to do so. The author covers some of the same territory as James Simon's 2006 Lincoln and Chief Justice Taney, and at times one wishes for more rigorous, subtle analysis of the meaning of the Court's role in the Civil War. Still, McGinty's engaging account, which treats a topic with obvious parallels to the present, will delight history buffs. 16 b&w illus.
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Review

The most complete account to date of President Lincoln and the Supreme Court in wartime. In a beautifully written narrative, McGinty makes complicated legal issues accessible, and his descriptions of the Dickensian characters involved in this contentious and critical period are fascinating. He makes clear that of all U.S. presidents, Lincoln was the lawyer in the White House.
--Frank J. Williams, Chief Justice of the Rhode Island Supreme Court, and founding chair of The Lincoln Forum (20080217)

McGinty's outstanding work on Lincoln's relationship with the Supreme Court has long been needed, and is especially trenchant as we deal anew with the limits of governmental power versus individual rights. McGinty brings a valuable background in law to this thoughtful and perceptive account of what Lincoln and the war did to and with the relationship between law and freedom.
--William C. Davis, author of Jefferson Davis: The Man and His Hour (20090401)

McGinty offers a lucid review of the major Civil War Supreme Court cases. The Civil War, as McGinty explains, was a struggle over constitutional interpretation: did Lincoln have the constitutional authority to do whatever he thought necessary to compel seceding states back to the Union? He thought so, but Chief Justice Roger Brooke Taney sometimes stood in his way. The first major clash was over Lincoln's suspension of habeas corpus, which Taney declared unconstitutional in the 1861 Merryman case. In 1862 came another battle, the Prize cases, regarding the constitutionality of Lincoln's declaring a blockade of Confederate ports. The Court also heard cases about whether a Union citizen could criticize a president during wartime and whether the Treasury Department could regulate trade between a Union state and the Confederacy. McGinty says that the Court "could have struck down the president's major war measures" but "chose not to do so"... McGinty's engaging account, which treats a topic with obvious parallels to the present, will delight history buffs. (Publishers Weekly )

It's not easy to find Lincoln territory where good, open grazing land remains, but McGinty has found it. Combining expertise as an attorney and historian with a style that welcomes readers, he gives us Lincoln the lawyer-president who worked with a Supreme Court to which he ultimately appointed five members. The Civil War brought forth numerous legal conflicts, and McGinty shows that the personalities and issues involved were as vital and fascinating as those we are more familiar with on the military side.
--Margaret Heilbrun (Library Journal )

[A] fascinating book...The issue of presidential power in wartime is as fresh as today's headlines.
--Charles Lane (Washington Post )

Lincoln and the Court addresses a subject that has been neglected, if not ignored, by historians: the story of our sixteenth president and the Supreme Court during the Civil War...Brian McGinty has written an important book for military historians...This is a well-written, tightly organized, and thoughtful book that will appeal to anyone interested in a new perspective on Lincoln's actions as Commander-in-Chief, and the legality of measures he took to achieve a Union victory.
--Fred L. Borch (Journal of Military History )

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Product Details

• Hardcover: 384 pages
• Publisher: Harvard University Press; First edition (February 28, 2008)
• Language: English
• ISBN-10: 0674026551
• ISBN-13: 978-0674026551
• Product Dimensions: 9.3 x 6.4 x 1.3 inches
• Shipping Weight: 1.4 pounds (View shipping rates and policies)
• Average Customer Review: 4.4 out of 5 stars  See all reviews (5 customer reviews)
• Amazon Best Sellers Rank: #1,339,360 in Books (See Top 100 in Books)

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14 of 14 people found the following review helpful:

5.0 out of 5 stars An Effective Analysis of Lincoln and the Supreme Court, March 12, 2008

By 

Ronald H. Clark (WASHINGTON, DC USA) - See all my reviews
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This review is from: Lincoln and the Court (Hardcover)

I found this to be an outstanding work in legal and constitutional history, bringing a fresh perspective to this topic that already has been well covered by others. See, e.g., James F. Simon, "Lincoln and Chief Justice Taney." I think there are several reasons for the outstanding success of the book. First, the author takes his time and thoroughly discusses his topics--no quick summary of a case and then moving on here. Second, the author is extremely through in covering his topic--not just Lincoln and Taney, although that is an important theme obviously, but also he discusses topics such as Lincoln's appointments to the Court and how the Court continued on dealing with these issues after Lincoln's death. Finally, the author writes so effectively that even familiar material becomes interesting and stimulating.

All of the major cases are examined (habeas corpus, trial by military tribunals, Legal Tender, McCardle limitations on jurisdiction, and Texas v. White holding that the Union was never dissolved). Several chapters stand out, including that on Dred Scott (one of the best treatments I have seen) and the Prize Cases, which I used to think were quite boring. In addition, each Justice is profiled in depth, and a Gallery section contains excellent full-page photographs of each. Lincoln's challenge in making Court appointments is well covered, presenting the President with the opportunity to secure solid votes to uphold his conduct of the war, but also the need not to antagonize the border states he sought to keep in the Union. The author's attention to the post-Lincoln Court allows him to offer a fine assessment of Taney's successor, Salmon P. Chase, who managed in the Legal Tender Cases to vote exactly opposite the position he had taken as Secretary of the Treasury.

The book is supported by 29 pages of notes, an excellent bibliography and index, as well as being a beautifully-printed volume to boot. Sometimes taking a new look at an old topic can result in important insights--such is the case with this book.

12 of 14 people found the following review helpful:

4.0 out of 5 stars Difficult but rewarding, February 18, 2008

By 

James W. Durney (Tampa Bay area) - See all my reviews
(VINE VOICE)    (TOP 500 REVIEWER)   

This review is from: Lincoln and the Court (Hardcover)

I am not much for political history or biographies. Given a choice between reading Sears' Gettysburg and Goodwin's Team of Rivals, my choice is reading Gettysburg. That fact needs to be explained as I found this a difficult book to read but a very rewarding learning experience. My difficulty has nothing to do with the author's skill as a writer but my preference as a reader. This is a book about judges, most of them old, and their ideas on how the law should be applied. President's have problems with the court when the court's idea conflicts with the Presidents. Lincoln was no exception but he faced a greater danger to the nation and the court's actions could have had a much greater impact than they normally do.

McGinty starts with a series of portraits of the judges and how they had achieved their position. He manages to make them both human and inform the reader of their outlook in an interesting an informative manner. He covers personal quirks, deeply held beliefs, family and background showing us these men as both human and political beings. This provides a very firm foundation for a somewhat technical discussion of the cases and issues that follow.

The chapter on the Dred Scott case is one of the best in the book. Having covered Lincoln's opposition to the Court's decision in a prior chapter, the author walks us through the issues and the Court's decision. He insures that we have the opportunity to gain a solid understanding of their reasoning based on their personalities and the law.

The next major case is Merryman and once more, the author takes the time to cover the issues, the history and the decision. Again, this is a very good chapter and fully explains the issues and what happened after the decision was made.

I was very impressed with the introduction and the author's ideas of the Court's view on secession. While never tested, it has given me a new series of ideas to think and talk about.

This is not an exciting book to read, unless you enjoy reading about legal precedent. However, it is well written and thought provoking. As my title says; this is not an easy read but it is a rewarding one that will give you an additional perspective on the Civil War.

4 of 4 people found the following review helpful:

5.0 out of 5 stars Lincoln and the Court, June 15, 2009

By 

buck (las vegas, nv) - See all my reviews

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This review is from: Lincoln and the Court (Paperback)

Having purchased many titles on the Court and the Civil War, I find Brian McGinty's book one of the best. His writing style is easy to read and flows well. Noteworthy are his additional references, such as habeas corpus, the Strader decision, Article III sec. 2 (the diversity clause). I highly recommend his book.