Comments on: Lincoln and the Transcendent Constitution: (3) The Rule of Law http://www.ohioverticals.com/blogs/akron_law_cafe/2009/01/lincoln-and-the-transcendent-constitution-3-the-rule-of-law/ University of Akron School of Law Blog Sat, 21 Nov 2009 02:48:47 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Quidpro http://www.ohioverticals.com/blogs/akron_law_cafe/2009/01/lincoln-and-the-transcendent-constitution-3-the-rule-of-law/comment-page-1/#comment-909 Quidpro Fri, 09 Jan 2009 01:39:18 +0000 http://www.ohioverticals.com/blogs/akron_law_cafe/?p=820#comment-909 We would do well to remember that Lincoln, while he served, was not held in the reverence in which he is now held. After the initial Union losses in the war, he was ridiculed without mercy. But for the success of Grant in the West and Sherman in taking Atlanta, it is doubtful that Lincoln would have been re-elected. Lincoln did respect the Law, but he had what we would now consider a rather idiosyncratic view of the law. He held that since he swore to uphold the Constitution as an elected official, he had a duty to give the narrowest interpretation possible of the Dred Scott decision. In short, Lincoln was, in many ways, stubborn. We are most fortunate that he was steeped in biblical learning and guided by its teachings. He understood the fallen nature of Man, including his own limitations. His humility was a necessary ingredient to his greatness. We would do well to remember that Lincoln, while he served, was not held in the reverence in which he is now held. After the initial Union losses in the war, he was ridiculed without mercy. But for the success of Grant in the West and Sherman in taking Atlanta, it is doubtful that Lincoln would have been re-elected.

Lincoln did respect the Law, but he had what we would now consider a rather idiosyncratic view of the law. He held that since he swore to uphold the Constitution as an elected official, he had a duty to give the narrowest interpretation possible of the Dred Scott decision.

In short, Lincoln was, in many ways, stubborn. We are most fortunate that he was steeped in biblical learning and guided by its teachings. He understood the fallen nature of Man, including his own limitations. His humility was a necessary ingredient to his greatness.

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