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The Broken Constitution

Lincoln, Slavery, and the Refounding of America

Audiobook
2 of 2 copies available
2 of 2 copies available

This program is read by the author
An innovative account of Abraham Lincoln, constitutional thinker and doer
Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the "last best hope of mankind." But how did Lincoln understand the Constitution?
In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States' founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution's place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation's highest ideals.
The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln's Republican rivals and Secessionist ideologues.
A Macmillan Audio production from Farrar, Straus and Giroux

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    • AudioFile Magazine
      Narrating his remarkable history of Lincoln's transformation of the Constitution before and during the Civil War, Noah Feldman sounds like a diligent and accomplished scholar. With his strong voice and clear enunciation, the Harvard Law professor emphasizes important points with vocal intensity that serves his writing well. Feldman says Lincoln took actions that broke the Constitution so that its founding principles would continue to hold the federalist government together in the future. Though constitutional law may seem like an esoteric subject, the author's writing about Lincoln's thinking and actions is accessible and often spellbinding. Feldman's pro-level performance and grasp of the challenges Lincoln faced make this a must-hear for anyone interested in how the United States survived such a powerful threat to its continued existence. T.W. © AudioFile 2022, Portland, Maine
    • Publisher's Weekly

      October 11, 2021
      Harvard law professor Feldman (The Arab Winter) analyzes in this probing study how Abraham Lincoln, in justifying the Civil War and signing the Emancipation Proclamation, transformed the Constitution from “a compromise that preserved slavery” to a “moral compact—a higher law that embodies an ideal form of government.” Even as he wrestled with his own contradictory beliefs that civil war was necessary to preserve the Union, and that slavery “was enshrined in the Constitution,” Feldman writes, Lincoln embarked on a mission to convince his Cabinet and Congress that emancipating enslaved human beings would not shatter the Constitution. His efforts to decouple the Constitution from slavery began with war measures that suspended habeas corpus, permitted the enlistment of African Americans in state militias, and prohibited escaped slaves from being returned to their Confederate owners. Feldman also examines how Lincoln crafted public pronouncements such as the Gettysburg Address with a view toward preparing whites in the North and slaveholders in the Confederacy for emancipation, and discusses how 20th-century leaders including Martin Luther King Jr. furthered Lincoln’s project of redeeming the country from its original sin. Though the wealth of detail on Lincoln’s life and travels bogs down the narrative somewhat, this is an astute and eye-opening look at an underexamined aspect of the quest to end slavery. Agent: Andrew Gallo, ICM Partners.

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