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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

How was Lincoln able to issue the Emancipation Proclamation without it being voted on by Congress?

(Sorry, I suck at political science...)

Additionally, if a President is able to issue laws without the approval of Congress, what is to stop him from making a controversial order such "All US citizens must obtain exit visas to leave the country and cannot leave if they have debts over $10k"?  What is stopping him from having absolute power?

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  • ?
    Lv 7
    2 months ago
    Favorite Answer

    The Emancipation Proclamation was an Executive Order not a law. The President as head of the Executive branch of government has broad executive and enforcement authority to use his discretion to determine how to enforce the law or to otherwise manage the resources and staff of only the executive branch. and military as Commander in Chief under Article Two of the Constitution. In your example a President does not have the authority to issue such an order because all spending must come form the House and requires agreement by the Senate.

  • 2 months ago

    It was an Executive Order, which the President has the authority to issue.

    "The Emancipation Proclamation, or Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on September 22, 1862"

    "Lincoln understood that the Federal government's power to end slavery in peacetime was limited by the Constitution which before 1865, committed the issue to individual states.[19] Against the background of the American Civil War, however, Lincoln issued the Proclamation under his authority as "Commander-in-Chief of the Army and Navy" under Article II, section 2 of the United States Constitution.[20] As such, he claimed to have the martial power to free persons held as slaves in those states that were in rebellion "as a fit and necessary war measure for suppressing said rebellion".[21] He did not have Commander-in-Chief authority over the four slave-holding states that were not in rebellion: Missouri, Kentucky, Maryland and Delaware, and so those states were not named in the Proclamation."

    Cribbed from Wikipedia, but I think it does the job.

    In terms of making a controversial order preventing people from leaving the United States? Doubtful. The courts always have the last say.

  • 2 months ago

    Lincoln issued the Proclamation under his authority as "Commander-in-Chief of the Army and Navy" under Article II, section 2 of the United States Constitution under the backdrop of the civil war. He claimed to have the martial power to free persons held as slaves in those states that were in rebellion "as a fit and necessary war measure for suppressing said rebellion".  That is why the proclamation was limited to the states/regions in rebellion and the slave states that were not, such as Missouri and Kentucky were not included.  It was never challenged in court, which other orders such as your example probably would be, especially today.

  • 2 months ago

    Probably the fear of impeachment.  He has already issued 52 executive orders in 3 weeks. I'm sure there are more.  I can't find records of how many were issued to today's date.  They tend to stop around 30 something in some sites.

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