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Lincoln's Use of Presidential War Powers

Recognizing Abraham Lincoln's position at the onset of the Civil War, it is evident that many of the actions and decisions he carried outset groundbreaking precedents for future presidents. The prescribed precedents are on the forefront of today's political stage George W. Bush's role in initiating the war with Iraq bears great resemblance to Lincoln's nineteenth-century strategies. Nevertheless, while the principle underlying both of their plans is similar, the reality of the situation is that Bush manipulated Lincoln's precedents in such a fashion so as to justify a war that simply was not necessary. Thus, while Lincoln and Bush may have acted in a comparable fashion, Bush's actions and strategies ultimately prove to be the negative consequences of Lincoln's actions and subsequent precedents. Indeed, Bush's political and policy strategies for the War on Iraq have exploited Lincoln's well-intended precedents and have disrupted the checks and balances system that is critical to the success of the American government.Lincoln used his presidential powers extensively during the start of the Civil War; to the point that some people actually believed he was stretching them beyond the Constitutional limits. In the first months of the


This had the result of allowing the President to make war unilaterally for up to ninety days. Lincoln's response was within the stated power of the president to respond to sudden attack; it was just the ability to do it without Congress's approval that caused all of the controversy. By instilling in the Presidency the ability to use force at the threat of national security, this particular political situation allowed for the President to utilize force based on perception rather than concrete evidence. While there seemed to be no immediate consequences, over time it became apparent that this precedent had greatly minimized the role of Congress in deciding the course of American military action. This action was legally equivalent to a declaration of war, a power expressly reserved to Congress in the Constitution. It is unlikely that any legislation established to restore the checks and balance system would work because it would most likely be unconstitutional. If they approved the war, they would simply be strengthening the power of the President, as it would consequently appear as though he could influence Congress into approving war. Stretching his war powers as commander in chief, Lincoln ordered a naval blockade of Southern ports and substituted martial law for civil war in numerous states. Lincoln's unilateral response for Fort Sumter did not stand for an overall presidential power to take the nation to war without congressional approval. When Lincoln was called in front of Congress in the summer of 1961, he supported his actions by stating that: These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand, and a public necessity; trusting, then as now, that Congress would ratify them. Bush to use armed forces against Iraq. Unlike Lincoln, when future presidents avoided going to Congress for authorization of military force, it was not because of their stated duty to respond to a sudden attack. White House lawyers issued an opinion that President Bush could order a preemptive attack against Iraq without a vote of approval from Congress because of the terms of the 1991 Gulf War Resolution, which remains in effect today. Congress was incapable of making any decisions because of the claim by the Bush administration that the President did not need the approval of Congress to wage an offensive attack against Iraq. Instead, the motives were offensive and the necessity of the actions was far less severe.

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