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The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.
- Sales Rank: #1036035 in Books
- Model: 3587501
- Published on: 2007-11-20
- Released on: 2007-11-20
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x .90" w x 6.12" l, .81 pounds
- Binding: Paperback
- 336 pages
From Publishers Weekly
Starred Review. This surprisingly taut and gripping book by NYU law professor Simon (What Kind of Nation) examines the limits of presidential prerogative during the Civil War. Lincoln and Supreme Court Chief Justice Roger Taney saw eye to eye on certain matters; both, for example, disliked slavery. But beginning in 1857, when Lincoln criticized Taney's decision in the Dred Scott case, the pair began to spar. They diverged further once Lincoln became president when Taney insisted that secession was constitutional and preferable to bloodshed, and blamed the Civil War on Lincoln. In 1861, Taney argued that Lincoln's suspension of habeas corpus was illegal. This holding was, Simon argues, "a clarion call for the president to respect the civil liberties of American citizens." In an 1862 group of cases, Taney joined a minority opinion that Lincoln lacked the authority to order the seizure of Southern ships. Had Taney had the chance, suggests Simon, he would have declared the Emancipation Proclamation unconstitutional; he and Lincoln agreed that the Constitution left slavery up to individual states, but Lincoln argued that the president's war powers trumped states' rights. Simon's focus on Lincoln and Taney makes for a dramatic, charged narrative—and the focus on presidential war powers makes this historical study extremely timely. (Nov.)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
From Booklist
For the Dred Scott decision in 1857, which fatefully inflamed sectional tension before the Civil War, Chief Justice Roger Taney (1777-1864) earned a notorious reputation in Supreme Court annals; however, there's more to him and his judicial career. Cast as a dual biography with Abraham Lincoln, this general-interest work covers the constitutional issues that reached Taney's bench and Lincoln's responses to Taney's decisions. Simon also chronicles both men's lives, devoting the most detail to their personal and legal interactions with slavery. Readers learn that Taney freed his slaves and that Lincoln defended a slave owner in a fugitive slave case. After explaining the complexities of the Dred Scott case, Simon considers Lincoln's presidential actions, such as the suspension of habeas corpus and the trial of civilians in military courts--actions Taney attempted to thwart. Their topicality to current debate is a self-evident recommendation of Simon's book; yet its jargon-free discussion of constitutional matters and the biographical angle on Taney would commend it to libraries' attention even in less acrimonious times. Gilbert Taylor
Copyright © American Library Association. All rights reserved
Review
"Fascinating.... An enthralling, clear, and fast-moving account of Lincoln and Taney's battles from the time of the Dred Scott decision until Taney's death in 1864.... Places the Lincoln-Taney disputes into the context of the broader sweep of U.S. history, providing nourishing food for thought.... A fine book." -- J. Michael Parker, San Antonio Express-News
"Lincoln and Chief Justice Taney is a forceful reminder that the Civil War was more than a conflict of soldiers and that, under the rule of law, the decisions of courts could make fully as much difference -- and be fully as much of a struggle -- as the results of battles." -- Allen C. Guelzo, The Wall Street Journal
"Excellent.... A fresh take on who Lincoln was and how he became American history's indispensable man." -- David Waldstreicher, The Boston Globe
"In this splendidly written book, Simon...has given us an excellent dual biography of these two giants in American history who clashed directly on the issue of presidential power.... An excellent history and fine biography. It causes us to focus on one of the critical issues of our time." -- William E. Hellerstein, New York Law Journal
Most helpful customer reviews
38 of 38 people found the following review helpful.
Lincoln and Taney
By Robin Friedman
Professor James Simon of New York Law School has made a specialty of exploring historical conflicts between the executive and judicial branches of the government of the United States. He has written books on the conflict between President Thomas Jefferson and Chief Justice Marshall, on the Supreme Court during the Nixon Presidency, and on the conflict among liberal, conservative and centrist elements on the Rhenquist court. Simon's most recent book, "Lincoln and Chief Justice Taney" is a study of the various conflicts between President Abraham Lincoln and the fifth Chief Justice of the Supreme Court, Roger Taney, prior to and during the Civil War. Simon offers a thoughtful and timely account, particularly as the Lincoln-Taney conflict involved questions of civil liberties.
The book is cast in the form of a dual biography. Taney's life is much less well-known than Lincoln's and Simon provides valuable biographical insight. Simon points out Taney freed his own slaves and disliked slavery, but that, as Attorney General for President Jackson, Taney wrote a legal memorandum foreshadowing the conclusions he would later reach in the notorious Dred Scott decision. In fact, prior to Dred Scott, Taney was a highly regarded jurist, respected for his legal acumen, thoroughness, and balance.
The book focuses on Lincoln and Taney's respective views on slavery, secession, and the conduct of the Civil War. Simon offers a valuable discussion of the Supreme Court's jurisprudence on slavery before the Dred Scott case and he describes well the process the Court used in reaching its fateful decision in Dred Scott -- generally regarded as the worst moment in the history of the Court. He describes how Lincoln criticized the decision and Taney at length during his 1858 debates with Stephen Douglas and how this criticism helped Lincoln achieve the Presidency. There is little in the book on Taney and secession, but Simon makes clear that Taney was sympathetic to the Southern position and favored a peaceful dissolution of the Union rather than a long and bloody civil war, regardless of its outcome.
The larger portion of Simon's book deals with conflicts between Lincoln and Taney following Lincoln's election. Taney objected to Lincoln's assumption of broad war powers which he viewed as in excess of the executive's power under the Constitution. Simon discusses a famous decision of Taney in the Merryman case which involved Lincoln's suspension of habeas corpus in the border state, and Taney's home state, of Maryland. The Merryman decision is still studied today for its discussion of civil rights during war time. Simon also explores Taney's views on matters that did not reach the Supreme Court during the Civil War but that involved expansion of presidential powers -- including the Emancipation Proclamation, the use of paper money called "Greenbacks" to finance the Civil War, and the imposition of an income tax. There is an excellent discussion of a series of cases known as the Prize cases which challenged Lincoln's imposition of a blockade and seizure of ships during the early days of the Civil War. The Court sustained the blockade, based upon military necessity by the narrow vote of 5-4 with Taney voting in the minority. I was unfamiliar with the Prize cases, and Simon describes them well.
The book is jargon free and can be read easily by non-lawyers. In addition to the discussion of the lives of Lincoln and Taney and the discussion of legal issues, Simon gives a broad running history of the battles in the Civil War, similar to the narrative accounts available in many other books. This discussion is not at the level of Simon's legal discussion. Simon's history is full of many small but irritating factual and typographical errors. For many battles in the war, Simon confuses total casualty figures with figures for fatalities. This is a common mistake, and it vastly inflates the number of fatalities -- which were horrendous in any event -- for battles such as Shiloh, Antietam, and Gettysburg. Simon also refers to General U.S. Grant as a "colonel" at the time of the taking of Fort Donelson and Fort Henry. A more careful check of the historical details of the Civil War would have been appropriate and welcome.
This book is valuable for its good, nuanced portrayal of Chief Justice Taney and for its discussion of the legal issues surrounding the Civil War, Lincoln's presidency, and the protection of civil liberties during times of crisis.
Robin Friedman
33 of 34 people found the following review helpful.
A Solid Treatment of Some Well-Trod Ground
By Ronald H. Clark
I had some concern when starting this fine book by Professor Simon of New York Law School that it would be highly repetitive of other books and articles focusing on this topic. In actuality, I found his discussion to be fresh and quite intriguing. The "war" between Taney and Lincoln is, of course, well known and has become somewhat pertinent given the current use of the Patriot Act. What Simon does is to put the struggle into a useful context. First, he provides somewhat thorough -- but concise -- discussions of Taney and Lincoln. In this way, the reader develops an understanding of what motivated each of these powerful figures. Next, he discusses key judicial and congressional developments in the period immediately before the outbreak of the Civil War. I thought his chapter on the much discussed Dred Scott decision was particularly effective, since it was obvious given the author's discussion of Taney and the formative influences shaping his outlook why he led the Court to decide this "self-inflicted wound." In addition, the author's discussion of the actual legal warfare between the two is written with clarity and insight, and does not require any legal training to understand the conflicting viewpoints. Finally, even after Taney dies in 1864, Simon still carries on with Lincoln, his views toward Reconstruction, and his successful efforts to bring the war to a conclusion. Along the way, I learned a good deal about Lincoln, including that he was a more complex and interesting figure than I had realized. At around 336 pages, the narrative moves along nicely -- I never felt bogged down -- and helpful bibliographic references are included. A particularly apposite book given the current disputes over the extent of president power during the Iraq episode.
0 of 0 people found the following review helpful.
Two complicated, and conflicted, humans.
By Amazon Customer
Lincoln and Taney were publicly on opposite sides of almost every issue. But privately they agonized over the rightness of their positions, the trade-offs implicit, and the effects of their choices on the nation they both loved.
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