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Updated: June 14, 2025
Articles 45-70 of the Constitution are so framed that the National Assembly can constitutionally remove the President, but the President can set aside the National Assembly only unconstitutionally, he can set it aside only by setting aside the Constitution itself. Accordingly, by these provisions, the National Assembly challenges its own violent destruction.
It is not the least remarkable feature in this remarkable spectacle, that the regent and the rogue amidst their quarrel vied in courting the favour of the fallen government; Pompeius, partly to please the senate, permitted Cicero's recall, Clodius on the other hand declared the Julian laws null and void, and called on Marcus Bibulus publicly to testify to their having been unconstitutionally passed.
"Now he has eleven legions and as many cavalry as he chooses with him, the Cisalpine provincials, the Roman populace, the tribunes, and the hosts of dissolute young men. Yet we are to fight with him, or take account of him unconstitutionally. Fight, you say, rather than be a slave. Fight for what? To be proscribed, if you are beaten; to be a slave still, if you win. What will you do then? you ask.
You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitutionally, passed; but that inequality must necessarily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun a change in public opinion had commenced.
If in this instance he appeared lenient, he showed on the other hand in the case of Ofella that he was not disposed to allow his marshals to take advantage of him; as soon as the latter had appeared unconstitutionally as candidate, Sulla had him cut down in the public market-place, and then explained to the assembled citizens that the deed was done by his orders and the reason for doing it.
The traditional feelings of veneration which a loyal and obedient people feel for a line of monarchs, whose origin is lost in the mists of antiquity, are such that they have turned what is in effect an evergrowing struggle against the archaic principle of divine right into a contest with clan-leaders whom they assert are acting "unconstitutionally" whenever they choose to assert the undeniable principles of the Constitution.
But the administration wished to secure from the Whigs not only votes of supplies and men, but a resolution declaring that the war was just and right. Lincoln, with others of his party in Congress, refused his sanction, voting a resolution that the war had been "unnecessarily and unconstitutionally" begun.
Even this production, however, is lighted up by a passage of impressive earnestness and eloquence, in which he explains and defends the attitude of the Whigs in denouncing the origin of the Mexican War: "If to say 'the war was unnecessarily and unconstitutionally commenced by the President, be opposing the war, then the Whigs have very generally opposed it.
The traditional feelings of veneration which a loyal and obedient people feel for a line of monarchs, whose origin is lost in the mists of antiquity, are such that they have turned what is in effect an ever-growing struggle against the archaic principle of divine right into a contest with clan-leaders whom they assert are acting "unconstitutionally" whenever they choose to assert the undeniable principles of the Constitution.
As Lincoln knew all along, his course concerning the war and the administration was displeasing some of his constituents; some of whom would rather be warlike than to be right, others honestly favored expansion. Like most of the other Whigs he had voted for the Ashmun amendment which said that the war had been "unnecessary and unconstitutionally commenced by the President."
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