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>Lincoln suspended habeas corpus (it gives a person who is jailed the right to challenge their detention in court)during the war and used military courts to arrests thousands of civilians. >Those legal decisions loom over post-9/11 America,historians say. >How do we treat American citizens caught attempting to bomb U.S.cities?How do we clamp down on American citizens who preach overthrowing the government? What rights do Guantanamo Bay prisoners possess? >"It's not just what does a president do against an enemy,"says Blair,the Civil War historian."It's what do you do against your own citizens to determine loyalty. That's a big debate today." >Lincoln skillfully addressed that debate,says Brian McGinty,author of "Lincoln the Court." He says Lincoln confronted unprecedented problems:The South was in rebellion, the nation's capital was in real danger from rebels in Virginia and their sympathizers in Maryland. At one point,a mob blocked passage of Northern troops through Maryland to defend Washington. >"His oath of office required him to'preserve,protect and defend the Constitution' and he believed that the best way to do that was to preserve the Union,"McGinty says."What good would the Constitution be if the country itself was lost?" McGinty doesn't think Lincoln became a dictator.He says he allowed the presidential election to take place in 1864.He worked with Congress.He asked military officers to arrest disloyal persons sparingly,and he never tolerated abuse of prisoners. Lincoln said his actions would ultimately be subject to the review of the American people,not the courts,McGinty says. "He called the people 'The Great Tribunal'and said that they would have the final word on constitutional issues.In the end,The Great Tribunal approved of what he had done.So,for the most part,has history." >The Great Tribunal,however,has yet to render a unanimous verdict on the Civil War. >A century-and-a-half after the war ended,people still clash over the causes and meaning. Blair says they still clash because the war doesn't fit many Americans'image of themselves or their past. >"The American story of our past has been a hopeful,helpful narrative,"he says. "But it's hard for us to understand that there was a time in this country when the Constitution protected slavery,and it was actually legal. "How do you insert the story of slavery into that?" Lincoln suspended habeas corpus (it gives a person who is jailed the right to challenge their detention in court) during the war and used military courts to arrests thousands of civilians.  Those legal decisions loom over post-9/11 America, historians say.  How do we treat American citizens caught attempting to bomb U.S. cities? How do we clamp down on American citizens who preach overthrowing the government? What rights do Guantanamo Bay prisoners possess?  "It's not just what does a president do against an enemy," says Blair, the Civil War historian. "It's what do you do against your own citizens to determine loyalty. That's a big debate today."  Lincoln skillfully addressed that debate, says Brian McGinty, author of "Lincoln & the Court."  He says Lincoln confronted unprecedented problems: The South was in rebellion, the nation's capital was in real danger from rebels in Virginia and their sympathizers in Maryland.  At one point, a mob blocked passage of Northern troops through Maryland to defend Washington.  "His oath of office required him to 'preserve, protect and defend the Constitution' and he believed that the best way to do that was to preserve the Union," McGinty says. "What good would the Constitution be if the country itself was lost?"  McGinty doesn't think Lincoln became a dictator. He says he allowed the presidential election to take place in 1864. He worked with Congress. He asked military officers to arrest disloyal persons sparingly, and he never tolerated abuse of prisoners.  Lincoln said his actions would ultimately be subject to the review of the American people, not the courts, McGinty says.  "He called the people 'The Great Tribunal' and said that they would have the final word on constitutional issues. In the end, The Great Tribunal approved of what he had done. So, for the most part, has history."  The Great Tribunal, however, has yet to render a unanimous verdict on the Civil War.  A century-and-a-half after the war ended, people still clash over the causes and meaning.  Blair says they still clash because the war doesn't fit many Americans' image of themselves or their past.  "The American story of our past has been a hopeful, helpful narrative," he says. "But it's hard for us to understand that there was a time in this country when the Constitution protected slavery, and it was actually legal.  "How do you insert the story of slavery into that?" 
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