Lincoln and Chief Justice Taney, James F. Simon
Lincoln and Chief Justice Taney, James F. Simon
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Lincoln and Chief Justice Taney
Slavery, Seccession and the President's War Powers

Author: James F. Simon

Narrator: Richard Allen

Unabridged: 11 hr 26 min

Format: Digital Audiobook Download

Publisher: Tantor Media

Published: 12/01/2006


Synopsis

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and Lincoln's constitutional war powers went to the heart of Lincoln's presidency.

Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the Chief Justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor. Lincoln attacked the opinion as a warped judicial interperatation of the Framers' intent and accused Taney of being a member of a pro-slavery national conspiracy.

In his first inaugural address, Lincoln insisted that the South had no legal right to secede. Taney, who administered the oath of office to Lincoln, believed that the South's seccession was legal and in the best interests of both sections of the country.

Once the war began, Lincoln broadly interpreted his constitutional powers as commander in chief to prosecute the war, suspending habeas corpus, censoring the press, and allowing military courts to try civilians for treason. Taney vociferously disagreed, accusing Lincoln of assuming dictatorial powers in violation of the Constitution. Lincoln ignored Taney's protests, and exercised his presidential authority fearlessly, determined that he would preserve the Union.

James F. Simon skillfully brings to life this compelling story of the momentous tug-of-war between the President and the Chief Justice during the worst crisis in the nation's history.

"...taut and gripping...a dramatic, charged narrative."—Publishers Weekly Starred Review

About James F. Simon

James F. Simon received a bachelor's of arts from Yale College and a law degree from the Yale Law School. He is the Martin Professor of Law at New York Law School.


Reviews

Goodreads review by Jean on May 19, 2019

Roger B. Taney (1777-1864) succeeded John Marshall (1755-1835) as Chief Justice of the Supreme Court. Taney served at Attorney General for Andrew Jackson (1767-1845) before being appointed as Chief Justice. Taney was a southern aristocrat but had freed his slaves. Apparently, he did not believe in s......more

Goodreads review by Jon on July 31, 2023

Two powerful men on an ideological collision course - both believe better angels whisper to them - a very dangerous place to dare to tread. It is amazing to me that more people do not know about Chief Justice Taney; it seems to me there are many lessons still to be learned from his epic battle with......more

Goodreads review by Bill on July 31, 2022

As a brief biography of Abraham Lincoln and an overview of his presidency, this is a decent effort. As a brief biography of Roger Taney and an overview of his tenure as Chief Justice, it's serviceable. As a promised look at "the clashes between" the two "over slavery, secession, and the president's......more

Goodreads review by Eric_W on August 21, 2011

revised 8/21/11 Lincoln and Taney had a lot in common. Both abhorred slavery. Taney (pronounced tawney) freed his slaves early on. Both were ungainly, tall men, who wore ill-fitting clothes. The similarity ended there, for they had decidedly differing views on the future of slavery, secession, and pr......more

Goodreads review by robin on July 16, 2020

Lincoln And Taney Professor James Simon of New York Law School has made a specialty of exploring historical conflicts between the executive and judicial branches of the government of the United States. He has written books on the conflict between President Thomas Jefferson and Chief Justice Marshall,......more