25 November 2012

Lincoln and More

Went to see Steven Spielberg's Lincoln on Friday. Even though we sat through 15 minutes of previews (which only seemed interminable), we got some of the last seats in the house. As so many have noted, the acting and cinematography were superb. Daniel Day-Lewis's Lincoln was outstanding. And, while I realize that Tommy Lee Jones is getting older, his appearance as Thaddeus Stevens was positively(?) sepulchral. Only occasionally did the screenplay fall into the treacly; most of the dialog it struck me as authentic to the period and the characters.

As so many others have also noted, it takes an outstanding director to make exciting a dialog-driven account of the passage of the Thirteenth Amendment. I had known generally that engineering approval of the Thirteenth Amendment by the lame duck House of Representatives in 1865 had involved some political "dark arts." However, Lincoln displayed the 16th president's powers of persuasion ranging from offers of political patronage positions, threats, obfuscation, and even some straight cash under the table. Couldn't help but remind me of Robert Caro's account of Lyndon Johnson at his senatorial prime. Given that the film credited inspiration from Doris Kearns Goodwin's Team of Rivals, I suspect the sordid details were at least founded in historical reality.

In addition to depicting the skullduggery surrounding the passage of the Amendment, the film had Lincoln and his adversaries describing his exercise of "dictatorial" powers. Average (and even above average) accounts of Lincoln's presidency leave out his undoubtedly extraconstitutional actions such as suspension of the writ of habeas corpus, shutting down some newspapers, and questionable use of military tribunals. The film even had Lincoln clearly laying out the constitutional infirmity of the Emancipation Proclamation. (Check the late Chief Justice William Rehnquist's All the Laws But One for an excellent examination of the constitutionality of some of Lincoln's (and other presidents) exercise of "war powers.") Lincoln clearly approves of his use of such powers in service to the greater goods of maintaining the Union and ending the institution of slavery.

I admit that I concur with this conclusion in Lincoln's case but the danger of letting the genie of presidential overreaching out of the constitutional bottle remains with us. Passage of the Patriot Act during the Bush Administration and its renewal by President Obama are prime examples of extension of Executive powers, albeit ones accompanied by Legislative cover.

In any event, I highly recommend Lincoln. It is a fine film, one destined for many  Academy Awards.

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