And the fact remains no slaves were freed by the EP. It was a (smart) political move to change the issue of the war to slavery and keep the British and French out. If the Brits/French had gotten involved the North would have been toast.
Of course that correct, but you skirt the question. Was it constitutional? I say yes it was. A bit fascist maybe, but not unconstitutional. As has been pointed out, it was aimed at a small parts of a few states (not even whole states) in rebellion. Those states obviously didn't recognize the authority of the constitution, so it was no more unconstitutional than, say, if George Bush used the war powers act to mobilize against Al Quaeda, for example.
Answer the question. Whether the military action against the CSA was legal was another matter, but was the EP illegal?
Would it be legal for the US to create a law banning drugs in Amsterdamn? You can't create laws on other nations and THINK you can enforce them.
When you have a large blue army, you can.
Yes, and that's how they forced their constitutional interpretation. Not throught he courts or congress. By force of bayonet.
And we all remember the South's great legal case for secession. What was it called again? Something something vs. Fort Sumter I believe.
They never tried to make a case for the legality of secession and they started the shooting to boot.
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