From "Lincoln" (Spielberg):
"I decided that the Constitution gives me war powers, but no one knows just exactly what those powers are. Some say they don't exist. I don't know. I decided I needed them to exist to uphold my oath to protect the Constitution. Which I decided meant that I could take the Rebels' slaves from them as property confiscated in war. That might recommend to suspicion that I agree with the Rebs that their slaves are property in the first place. Of course, I don't. Never have. I'm glad to see any man free, and if calling a man property or war contraband does the trick, why I caught at the opportunity.
"Now here's where it gets truly slipperty. I use the law allowing for the seizure of property in a war knowing it applies only to belligerent nations. Well, the South ain't a nation. That's why I can't negotiate with them. So if, in fact, the Negroes are property, according to the law, have I the right to take the Rebels' property from them, if I insist they're rebels only, and not citizens of a belligerent country?
"And slipperier still, I maintain it ain't our actual Southern states in rebellion, but only the rebels living in those states, the laws of which remain in force. 'The laws of which remain in force.' That means that since it's states' laws that determine whether Negroes can be sold as slaves, as property, the federal government doesn't have a say in that. At least not yet. Then Negroes in those states are slaves, hence property, hence my war powers allow me to confiscate them as such, so I confiscate them. But if I'm a respecter of states' laws, how then can I legally free them with my Proclamation as I done? Unless I'm cancelling states' laws?
"(pause) I felt the war demanded it. My oath demanded it. I felt right with myself, and I hoped it was legal to do it. I'm hoping still.
"Two years ago, I proclaimed these people emancipated. 'Then, thenceforward, and forever free.' Now let's say the courts decided I had no authority to do it. They might well decide that. Say there's no amendment abolishing slavery, say it's after the war and I can no longer use my war powers to just ignore the courts' decisions like I sometimes felt I had to do. Might those people I freed be ordered back into slavery? That's why I'd like to get the 13th Amendment through the House, on its way to ratification by the states. Wrap the whole slavery thing up, forever and aye, as soon as I'm able. Now! End of this month. And I'd like you to stand behind me, like my Cabinet's most always done.
"As the preacher said, I could write shorter sermons, but once I start, I get too lazy to stop."
Most amazing and instructive (to me) speech I ever heard in a movie. I saw the movie in the theater and as soon as I could I got hold of the DVD, just so I could put on the captioning and copy it down word for word. I was educated in California, back in the day it had some of the best schools in the country, but there were an awful lot of true things we weren't taught, and an awful lot of false ones we were.
ETA: I was typing this as Mr. Brooks was posting his message. Coincidental timing about the EP.