Instructions: The year is 1867. Against all odds, President Abraham Lincoln survived an assassination attempt two years earlier. However, his popularity soon plummeted. Members of Lincoln’s own party turned against him, for failing to aggressively promote Reconstruction in the South. Soon the House of Representatives approved four articles of impeachment against Lincoln. Now, the Senate is holding a trial over those four articles. You are a law clerk for Chief Justice Salmon Chase, who presides over the impeachment trial of the President. First, Chief Justice Chase asks you to assess the strengths and weaknesses of the four articles of impeachment. Second, he asks you to address a fifth issue that arose outside of the impeachment trial. Your memorandum, addressing all five issues, should not be more than 1,000 words.

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Article 1

Abraham Lincoln, President of the United States, on the 27th day of April, in the year of our Lord, 1861, at Washington, in the District of Columbia, in violation of the Constitution and laws of the United States, authorized his subordinates to suspend the writ of habeas corpus if the public safety required it. Pursuant to this authorization, General George Cadwallader unlawfully detained an American citizen. Subsequently, the President approved the violation of a court order. Unmindful of the high duties of his oath of office and of the requirements of the Constitution, that he should take care that the laws be faithfully executed, and his duties as Commander in Chief, Abraham Lincoln hereby violated the Constitution.

Article #2

Abraham Lincoln, President of the United States, on the 1st day of January, in the year of our Lord, 1863, at Washington, in the District of Columbia, in violation of the Constitution and laws of the United States, issued the Emancipation Proclamation. This executive order declared “that all persons held as slaves” within the rebellious states “are, and henceforward shall be free.” Unmindful of the high duties of his oath of office and of the requirements of the Constitution, that he should take care that the laws be faithfully executed, and his duties as Commander in Chief, Abraham Lincoln hereby violated the Constitution.

Article 3

Abraham Lincoln, President of the United States, in violation of the Constitution and laws of the United States, ordered the seizure of all railroads. This executive order declared that the “Secretary of War is hereby authorized and directed to take possession of all or such of the railroads, trains, and other property, or any part thereof, as he may deem necessary in the interests of national defense; and to operate or to arrange for the operation thereof and to do all things necessary for, or incidental to, such operation.” Unmindful of the high duties of his oath of office and of the requirements of the Constitution, that he should take care that the laws be faithfully executed, and his duties as Commander in Chief, Abraham Lincoln hereby violated the Constitution.

Article 4

Abraham Lincoln, President of the United States, in violation of the Constitution and laws of the United States, commanded a war against the Confederate States of America. Congress never issued a declaration of war against the Confederate States of America. Unmindful of the high duties of his oath of office and of the requirements of the Constitution, that he should take care that the laws be faithfully executed, and his duties as Commander in Chief, Abraham Lincoln hereby violated the Constitution.

Question #5

After the conclusion of the trial, the Senate votes to convict President Lincoln on all four articles of impeachment. He is removed from office. However, Lincoln maintains his innocence, and argues that he did not violate the Constitution. The Secretary of the Treasury suspends payment of the President’s compensation. In response, Lincoln sues the Secretary of the Treasury for his salary in the Court of Claims. The Court of Claims dismisses Lincoln’s suit because Lincoln is no longer President. Lincoln, who maintains that he is still the lawful President, appeals that judgment to the Supreme Court.

Chief Justice Chase confides in you that he did not think Lincoln violated the Constitution, and that the Senate got it wrong. He is on the fence whether he should write an opinion finding that Lincoln remains the President. The Chief Justice asks you to write about the pros and cons of such a decision.