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by aYsY4dDQ2NrcNzA 3630 days ago
Lincoln repeatedly asserted that the President possessed no legal power to rewrite the United States Constitution. The only way he could justify emancipating the slaves was in his capacity as Commander in Chief of the armed forces, which meant that he had to wait until it became a military necessity.
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He had already exercised his power as Commander in Chief by sending troops into combat. He didn't have to wait for it to become militarily necessarily -- the Constitution gives the President wide berth in this regard. It was reigned in with the War Powers Act in 1973. I'm not sure he was much of a strict Constitutional kinda guy either, as the Founding Fathers made allowances for states to secede, or reject the Union in whole. New York made sure they could back out of the federal government at any time before ratifying.