Maryland constitutional questions after Fort Sumter

[RJNorton]

I am not sure if what I am about to say is what you are looking for, David. The Constitution says the President has this power: "he may, on extraordinary occasions, convene both houses..." The fall of Ft. Sumter was an extraordinary occasion. BUT, President Lincoln did not immediately call Congress into session. He set the date for that months in the future - July 4th. Even though the power to "raise armies" belongs to Congress, he called for 75,000 troops to put down the rebellion. It seems he expected Congress, once convened in July, to retroactively approve all war measures he would take between April and July.

I think Lincoln felt it was necessary to bypass a strict interpretation of the Constitution during a time of conflict in order to get things done fast. He felt it necessary to enlarge the Constitutional powers of the President in order to save the Union.