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40 Ga. L. Rev. 807 (2005-2006)
The Emancipation Proclamation and the Commander in Chief Power

handle is hein.journals/geolr40 and id is 827 raw text is: THE EMANCIPATION PROCLAMATION AND THE COMMANDER IN CHIEF POWER Michael Stokes Paulsen* TABLE OF CONTENTS I. INTRODUCTION ................................ ... 808 II. THE LAWFULNESS OF THE EMANCIPATION PROCLAMATION .................................. 814 III. THE COMMANDER IN CHIEF POWER IN TIME OF WAR .....823 IV. CONCLUSION: IS IT POSSIBLE TO HAVE AN ADULT CONVERSATION ABOUT THESE ISSUES? ................. 831 * McKnight Presidential Professor of Law and Public Policy, Briggs & Morgan Professor of Law, and Associate Dean for Research and Scholarship at the University of Minnesota Law School. My thanks to Saikrishma Prakash, Michael Ramsey, Robert Delahunty, Dan Farber, and Mark Rosen for comments on an earlier draft, as well as to students in my Lincoln and the Constitution seminar for their lively debate and critical analysis. All ideas and errors are either my fault or Lincoln's. 807

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