
Lincoln and the Broken Constitution
The Lawfare Podcast
00:00
The Constitutional Principle of Consent of the Governed
Lincoln never fully resolved the problem that he never recognized the southern states as lawful combatants, and therefore, in some sense, constitutionally never thought that he was declaring war on them. He developed a very powerful theory of necessity, and this is really key to his other two big developments,. according to which he could do, as commander in chief, whatever it took to win the war and return the southern states to the union.
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