The Emancipation Proclamation and the Commander-in-Chief Power: Lessons from the Lincoln Administration for the War on Terror

An Alpheus T. Mason Lecture on Constitutional Law and Political Thought: The Quest for Freedom

February 16, 2006

Michael Stokes Paulsen, University of Minnesota Law School

Professor Paulsen discusses broad claims of presidential power, including the now-hot surveillance controversy. His proposition is that Lincoln’s view of presidential war power was sound, its acceptance is necessary to accepting the lawfulness of the Emancipation Proclamation, and its logic, taken seriously, supports the position of the Bush administration on issues ranging from military commissions, surveillance, and unilateral pre-emptive military action.

Michael Stokes Paulsen is the McKnight Presidential Professor of Law & Public Policy at the University of Minnesota Law School, where he has taught since 1991. Professor Paulsen is the author of dozens of widely-ignored scholarly articles in the area of constitutional law, including "Straightening Out the Confirmation Mess.” Professor Paulsen is a former Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, a former federal prosecutor, and formerly senior staff counsel for the Center for Law & Religious Freedom (of the Christian Legal Society) in Washington, D.C. He is a 1985 graduate of the Yale Law School and Yale Divinity School, a 1981 graduate of Northwestern University, and a 1971 graduate of John Mars hall Elementary School (Wausau, Wisconsin). Professor Paulsen continues to brief and argue constitutional law cases in the areas of freedom of speech, freedom of religion, and other constitutional issues.  

Video:

The Emancipation Proclamation and the Commander-in-Chief Power: Lessons from the Lincoln Administration for the War on Terror

Location:

Computer Science 104