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according to the us constitution, why couldnt lincoln free the slaves? the constitution does not give the president the power to free slaves (strict interpretation) it goes against the system of checks and balances freeing slaves was a state power slaves were protected as property
Under the original US Constitution (before post-Civil War amendments), slaves were legally classified as property under laws like the Fugitive Slave Clause, and a strict interpretation held the president lacked explicit power to unilaterally free them. Additionally, states retained authority over domestic institutions like slavery, so freeing slaves was seen as a state power, and the president's actions were constrained by these constitutional limits.
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The Constitution does not give the president the power to free slaves (Strict Interpretation)
Freeing slaves was a state power
Slaves were protected as property