Lincoln and the Broken Constitution

The Lawfare Podcast

The Lawfare Institute

International Law, Law, Government, Foreign Policy, News, Politics, Rule Of Law, International Relations, Current Events, Military, Constitutional Law, Intelligence, National Security, History, Terrorism, Diplomacy

4.7 • 6.4K Ratings

🗓️ 23 November 2021

⏱️ 66 minutes

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Summary

Jack Goldsmith sat down with Noah Feldman, the Felix Frankfurter Professor of Law at Harvard University, to discuss his new book,”The Broken Constitution: Lincoln, Slavery, and the Refounding of America.” They discussed the evolution of Lincoln's constitutional thought on slavery, compromise and war, from the time he was a young man through his most difficult of presidencies. Was Lincoln a great constitutional thinker? If so, why? They also discussed the moral standing of the Constitution at different times in American history, whether constitutional compromise is good or bad, and what these issues teach about current constitutional controversies.

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:31.2	Right laptop, I'm ready to finish this thesis.
0:34.2	What thesis?
0:35.2	The one I've spent two years working on.
0:36.7	Don't have it.
0:37.7	What's the last version you saved?
0:39.4	Got final version, final final version, and no, I'm actually serious now.
0:42.9	This is the last version I will never save another version I promise, version two.
0:46.7	Surely that one?
0:47.7	No.
0:48.7	Why?
0:49.7	It's corrupted.
0:50.7	Oh, thanks.
1:01.4	Saved it again.
1:08.7	One slavery was out of the constitution and we could add the 13th, 14th and 15th amendments
1:15.4	in particular, the 14th amendments guarantees of equal protection and to process of law applied
1:21.0	not only to the federal government but against the states.
1:24.6	Then our constitution embodied a principle that I think we would recognize as moral and
	...

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