This is quite a thin book, but with an engaging writing style. It seems to glass over why Taney made such a seemingly radical decision and why he was able to get 6 others to affirm it. Little treatment of his relationshiop with the Catholic church or even what he thought of blacks as individuals.
Rather jarring discussion of George W. Bush and Rumsfeld, where he takes the predictable liberal positions, while excusing Lincolns' abuse of arresting a sitting Ohio congressman. Not one word about controversy of whether Taney had been targeted for arrest by Abraham Lincoln.

This book whets your appetite for more and is good for someone who doesn't have the time to read a more detailed study.

It should be widely known that during the greatest crisis that has faced the US, the Civil War, Lincoln suspended the rights of habeas corpus (trial by jury) and essentially bent the Constitution in order to save the Union. In James Simon's book "Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers" he gives us a fairly balanced approach in examining both sides of the issues facing the President and the Supreme Court as it relates to the Constitution and civil liberties. As a law professor Simon examines Justice Taney's rulings and Lincoln's position on civil matters that were affecting the Nation. His book shows how much of an uphill battle Justice Taney had to face when trying to fight the challenges to individual liberties. As the inevitable war approached, Lincoln didn't wait for Congress to return to session. He did all in his power to block any additional states from turning to help the Confederacy. This was especially true in Maryland Justice Taney's home state. Lincoln took the broad approach to Constitutional matters believing that he knew what the Founding Fathers had constitutionally desired for the Nation. Justice Taney maintained a more narrow Jeffersonian state's view. Simon relates Taney's early views expressed in a banking opinion while serving as Andrew Jackson's Attorney General. Reflecting Taney's words Andrew Jackson's states, "The opinion of the Supreme Court Judges has no more authority over Congress than the opinion of congress has over the Judges, and on that point the President is independent of both" Jackson wrote. "The authority of the Supreme Court must not, therefore, be permitted to control Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve." As Chief Justice during the Lincoln administration, Taney found himself greatly challenged to maintain this opinion. Simon covers the infamous "Dred Scott vs Sanford" opinion that haunted Taney and how it became a catalyst to move Lincoln forward and into the Presidency. Both Taney and Lincoln had respect for the rule of law. They both desired peace. Taney was willing to allow the states to peaceable leave the Union in order to prevent civil war. Simon reveals that Lincoln's goal was to repair the rupture to the constitutional government established by the framers even if that meant civil war.

This is an important read in helping to understand the extraordinary powers assumed by the executive, with the consent of Congress, in times of emergencies and how when the emergency passes should be yielded up. In the epilogue Simon goes over several later Presidents and their use of war powers. He explains how Congress is the best check on the growing assumptions of Presidential war powers. The Supreme Court has been very reluctant to curb the president's powers especially when the Nation's security is at risk.

Simon revealed how much Lincoln "appreciated that the strength of the Union lay not in the force of arms but in the liberties that were guaranteed by the open, and sometimes heated, exchange of ideas"..."He didn't use this authority to trample on the civil liberties that the writ of habeas corpus was meant to protect". Had Lincoln imprisoned and kept imprisoned anyone just because they were unpopular would have meant the failure of the constitution as well as the failure of civilization and hello totalitarianism. Today as we face issue with regards to our own personal liberties, it is important to stay vigilant so that our rights aren't abused beyond the constitutional law. Simon lays open two legal minds in a time of tremendous pressure. Well worth the read to better understand this critical crossroad in US history.