THE BROKEN CONSTITUTION

An astute exploration of Abraham Lincoln’s legal mind as he wrestled with the pro-slavery compromises of the Constitution—and transformed it.

First and foremost, Lincoln was a lawyer. Though he was personally disgusted by slavery—especially after seeing New Orleans’ slave markets, the largest in North America, when he was a young man—he grasped that the Constitution protected the institution in order for the states to work together as a union. Feldman, a Harvard law professor, lays out the central compromises of the Founding Fathers, enshrined in the Constitution in order to ensure Southern ratification: the three-fifths provision, protecting slave importation for 20 years, and the fugitive slave law. In his early forays into politics, Lincoln, a devotee of Henry Clay, followed the new Whig Party line that slavery would just fade away. However, as the author shows, the invention of the cotton gin changed all that, fueling the debate over whether new states should be slaveholding or free. Lincoln had to come to terms with this “compromise Constitution” as essentially a tool to facilitate national expansion. Yet the rebellion of the Southern states shattered this uneasy compromise, and as president, Lincoln resolved that the rebels could be coerced back into the Union. “By this logic,” writes Feldman, “Lincoln had to break the Constitution in order to fulfill his oath to uphold it.” Lincoln’s controversial—dictatorial, by some estimations—edicts included the suspension of habeas corpus, censorship of the press, and the freeing of the slaves. Feldman offers an elucidating look into Lincoln’s incremental thinking, neatly demonstrating how he articulated the “before” and “after” Constitution in the Gettysburg Address as a compromise versus a moral document, using an Old Testament/New Testament analogy that embodied equality for all promised in the Declaration of Independence. Feldman never bogs down in legalese, rendering a scholarly topic accessible for general readers.

A marvelously intricate work on Lincoln’s writings and thoughts, which continue to offer fodder for historians.