Abstract
This Essay explores whether President Lincoln's Emancipation Proclamation, freeing all slaves held in areas designated by the President to be under rebellion onJanuary 1, 1863, could be justified as an exercise of his power under the Take Care Clause. Part I of this Essay discusses the legislation that preceded the Emancipation Proclamation. Part II discusses the Emancipation Proclamation. Part III discusses the Take Care Clause and how it might authorize significant parts of the Emancipation Proclamation, if not the entire document.
Document Type
Article
Publication Date
2013
Recommended Citation
Henry L. Chambers, Lincoln, The Emancipation Proclamation and Executive Power, 73 Md. L. Rev. 100 (2013).