Emancipation Proclamation - Authority

Authority

Lincoln issued the Proclamation under his authority as "Commander in Chief of the Army and Navy" under Article II, section 2 of the United States Constitution. As such, he claimed to have the martial power to suspend civil law in those states which were in rebellion. He did not have Commander-in-Chief authority over the four slave-holding states that had not declared a secession: Missouri, Kentucky, Maryland and Delaware, and so those states were not named in the Proclamation. The Emancipation Proclamation was never challenged in court.

To ensure the abolition of slavery everywhere in the U.S., Lincoln pushed for passage of the Thirteenth Amendment. Congress passed it by the necessary 2/3 vote in February 1865 and it was ratified by the states by December 1865.

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