Constitutionality of Civil War

G

govstud

Guest
Two questions on constitutionality:

1) Were Lincoln's and the Union's actions in the civil war, specifically suspending habeas corpus, constitutional? Keep in mind that the legislative branch does have that power, and Lincoln issued the writ when Congress was not in session. No move was ever made by Lincoln to verify his actions or by Congress to challenge it. Also, it was primarily used on the border states to protect DC, the capital of the north, from being surrounded by seceded states.

2) I've seen other forums debating the constitutionality of secession. I'm a little reluctant to accept Amendment X as proof that secession is okay because no law would ever give its constituents a right to disobey it. But my question is, was it constitutional for the south to secede and for the north to go to war to preserve the union?

Thanks!!
--government student with questions
 
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