Abraham Lincoln Discretionary Powers Analysis

Abraham Lincoln exercised discretionary power beyond the limits of the Constitution when he increased the size of both the army and navy in response to the Southern secession that occurred when Congress was out of session. This power is specifically prescribed to Congress in Article 1 Section 8 of the Constitution of the United States. Thus the power to increase the size of the navy and army reside outside of the executive branch in the safe arms of the legislative branch. Abraham Lincoln also exercised discretionary power beyond the limits of the Constitution when he suspended the writ of Habeas Corpus in some states. The suspension of Habeas Corpus is also prescribed not to the executive branch but rather to Congress in Article 1 Section 9 of the Constitution. This suspension of Habeas Corpus like
It is an appropriate use of prerogative powers because Lincoln was acting for the public good. If for say, Lincoln were to have not increased the size of the army and navy, while congress was out of session, the North would have been at a sizable disadvantage when it came to fighting the South in the Civil War. This is because during the time that the North’s Congress was out of session the South was building up its military. In addition to this fact, during the time Congress was out of session, large numbers of sailors and soldiers in the North’s military forces resigned to take up arms for the Confederacy. Had Lincoln waited until Congress was back in session and taken the time to debate and pass a bill increasing the number of soldiers and sailors, it is almost certain that the Confederate flag would have been flying over the 1600 Pennsylvania Avenue. However, due to Lincoln’s use of prerogative powers this ghastly situation was