Did Lincoln have the constitutional power to abolish slavery (before the 13th amendment)?
Is this an opinion question?
No. The power to enlave was reserved to the States. Slaves were not citizens of the US, so had no constitutional rights.
To answer your question, we need to look at the legal and historical context of that time. Prior to the 13th Amendment, the power to abolish slavery was not explicitly granted to the President or the federal government. The Constitution did not directly address the issue, leaving the institution of slavery to be primarily governed by state laws.
However, during the American Civil War, President Abraham Lincoln took several steps towards abolishing slavery. He issued the Emancipation Proclamation in 1862, which declared that all slaves in Confederate-held territory were to be set free. The Emancipation Proclamation was based on Lincoln's war powers as President, as it was seen as a military necessity to weaken the Confederacy.
It's important to note that the Emancipation Proclamation did not legally end slavery throughout the entire United States. It only targeted areas under Confederate control and did not apply to the border slave states that remained loyal to the Union.
The legal justification for Lincoln's actions was debated at the time and continues to be debated by historians. Some argue that Lincoln exceeded his constitutional powers, as the President's authority to abolish slavery was not explicitly granted by the Constitution. Others argue that Lincoln's actions were justified as wartime measures and focused on the practicality of undermining the Confederate economy.
In conclusion, while Lincoln did not have the constitutional power to abolish slavery as a whole, he used his authority as Commander-in-Chief during the Civil War to issue the Emancipation Proclamation, thereby legally freeing slaves in Confederate-held territory.