"On the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." — Abraham Lincoln, Emancipation Proclamation, January 1, 1863
Lincoln issued this proclamation primarily under which legal authority?
- A
A constitutional amendment ratified in late 1862
- B
A unanimous joint resolution of Congress
- C
A Supreme Court order overturning Dred Scott
- Dcheck_circle
His war powers as commander-in-chief over enemy territory
Explanation
Lincoln framed emancipation as a military measure under his commander-in-chief authority, applying only to areas in rebellion. No amendment yet existed (the 13th came in 1865); Congress had not authorized full emancipation; Dred Scott had not been overturned judicially.