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Question: A​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​s President, Abraham Lincoln had a responsibility to uphold the Constitution and the laws: What legal issues were involved in organizing the Union Army to fight the Civil W​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​ar?

12 Oct 2022,10:23 PM

 

A​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​s President, Abraham Lincoln had a responsibility to uphold the Constitution and the laws. The demands of the Civil War, though, presented unique legal challenges in doing so. To maintain order, President Lincoln suspended habeas corpus. Martial law would be imposed in pa​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​rts of the South. Lincoln’s political opponents emphasized the ways in which he interfered with the Constitution. When the war ended, though, those restrictions eventually were removed. What legal issues were involved in organizing the Union Army to fight the Civil W​‌‍‍‍‌‍‍‌‍‌‌‌‍‍‌‍‍‌‌‍​ar?

Expert answer

 

The primary legal issue involved in organizing the Union Army to fight the Civil War was constitutional. The Constitution gives Congress the power to declare war and to raise and support armies. However, it does not give Congress explicit power to conscript soldiers. In 1861, Congress passed the Militia Act, which authorized the president to call forth the militia to suppress insurrection or invasion. The act also allowed for the voluntary enlistment of soldiers for a term of three years.

 

In 1862, Congress passed the Conscription Act, which required all able-bodied men between the ages of 18 and 45 to serve in the army for a term of three years. The act also allowed for draftees to be substituted by someone who was willing to serve in their place. This provision led to widespread opposition to the draft, as wealthier men could buy their way out of service.

 

The Supreme Court upheld the constitutionality of the Conscription Act in 1863 in the case of Ex parte Milligan. The Court held that the act did not violate the Constitution because it was a necessary and proper measure to raise an army to fight the rebellion.

 

After the war, Congress passed the Enrollment Act of 1864, which extended the term of service for soldiers from three years to four years. The act also allowed for draftees to be substituted by someone who was willing to serve in their place. This provision led to widespread opposition to the draft, as wealthier men could buy their way out of service.

 

The Supreme Court upheld the constitutionality of the Enrollment Act of 1864 in the case of Ex parte Milligan. The Court held that the act did not violate the Constitution because it was a necessary and proper

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