Lincoln and Johnson were both accused of violating the Constitution. Lincoln, in regard to the Civil War, felt that “violating the U.S. Constitution was required to safe it (the U.S.) as a whole” (American Patriot Network, 1999). Lincoln’s violation was the suspension of habeas corpus in 1861 and 1862, which Justice Taney, of the Supreme Court, judged to be “unconstitutional because it could not be suspended without an Act of Congress,” a ruling ignored by Lincoln and the military, and restored by Lincoln in 1866 after the war was over (American Patriot Network, 1999). Johnson took the oath of office following Lincoln’s assassination, and was subsequently impeached in 1868 as a result of his violation of the “Tenure of Office Act by firing Stanton,” Johnson’s Secretary of War (Constitutional Rights Foundation, 2013).
We are able to praise Lincoln while vilifying Johnson because of one simple principle: “Inter arma silent leges,” or, loosely translated, “In time of war the laws are silent” (McCullagh, 2001). The concept of sacrificing liberty for security is nothing new, and while Johnson violated Constitutional rights because he didn’t like the idea that his Secretary of War was trying to undermine him in the political drama, Lincoln’s action was a concentrated strategic move as a result of the war, ensuring that no time or manpower would be wasted in ridiculous and lengthy trials, with all men needed in order to work to defend and reconstruct the nation. Johnson was concerned with his political reputation, fearing his ability to rise above what amounts to gossip; Lincoln was working to hold the country together. There is no question as to the reason why Johnson is criticized and Lincoln praised.
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- American Patriot Network. “Did President Lincoln Suspend the U.S. Constitution?” Did President Lincoln Suspend the U.S. Constitution? Civil Liberties, 1999. Web. 08 Dec. 2013. http://www.civil-liberties.com/pages/did_lincoln.htm
- Constitutional Rights Foundation. “King Andy and the Radicals The Impeachment of Andrew Johnson.” Impeachment of Andrew Johnson. Constitutional Rights Foundation, 2013. Web. 07 Dec. 2013. http://www.crf-usa.org/impeachment/impeachment-of-andrew-johnson.html
- McCullagh, Declan. “Why Liberty Suffers in Wartime.” Wired.com. Conde Nast Digital, 24 Sept. 2001. Web. 08 Dec. 2013. http://www.wired.com/politics/law/news/2001/09/47051?currentPage=all
