A new Lincoln book, The Broken Constitution

[David Lockmiller]

I sent the following message this morning through the Amanpoor website message system:

Constitutional Law Professor Feldman of Harvard University and author of a new Lincoln book, The Broken Constitution, made the argument on November 8 on the Amanpour & Company show, that President Lincoln created his own U. S. Constitution on several occasions. His specious argument is meant to sell books by impugning the character and reputation of President Lincoln in quite similar manner to that of Nikole Hannah-Jones. The interviewer lacked superior Lincoln knowledge, only referencing Lincoln material from the book, and thereby, was unquestioning of the many false and distorted “Lincoln” facts made by Professor Feldman in his lengthy argument to this effect.

I think that it is important that all of Professor Feldman’s “Lincoln” misrepresentations be challenged by someone of at least equal Lincoln scholarship footing. I was going to make a list of the many historical factual deficiencies to counter the false statements of historical “Lincoln” fact made by Professor Feldman, one by one.

One statement that particularly irked me on the Amanpour telecast was the Professor’s statement regarding President Lincoln’s habeas corpus suspension. Professor Feldman argued that only Congress had this constitutional authority. This statement is wrong.

President Lincoln explained his reasoning in his message to the extra session of Congress on July 4, 1861:

Now, it is insisted that Congress, and not the Executive, is vested with this power. But the Constitution itself is silent as to which or who is vested with this power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion.

Congress passed the Habeas Corpus Suspension Act in 1863 and it reads in pertinent part: “[D]uring the present rebellion, the President of the United States, whenever in his judgment the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States or any part thereof.”


This statement should be enough to get the attention of any honest person.