Our Secret Constitution: How Lincoln Redefined American Democracy

In “Our Secret Constitution: How Lincoln Redefined American Democracy”, George P. Fletcher, a legal scholar, presents a provocative and scholarly exploration of how Abraham Lincoln‘s leadership during the Civil War fundamentally transformed the United States’ understanding of its own Constitution and democracy. Fletcher argues that Lincoln’s vision effectively created a “second constitution” that differs from the original one drafted in 1787. Here’s a detailed breakdown of the book’s main themes and arguments:

Central Argument:

Fletcher’s key thesis is that the Civil War and Abraham Lincoln’s presidency led to the emergence of a new constitutional order, one that emphasizes equality, national unity, and a more centralized federal power, which differs from the original Constitution’s emphasis on individual liberty, states’ rights, and limited government.

Fletcher identifies two distinct constitutional moments in American history:

The Original Constitution (1787): Focused on liberty, property rights, states’ sovereignty, and a limited federal government.

The “Secret Constitution” (Post-Civil War): Focused on equality, national solidarity, and a stronger federal government, reshaped by the events and principles of the Civil War.

Crisis of the Two Constitutions: The Rise, Decline, and Recovery of American Greatness

Main Themes and Key Concepts:

The Original vs. The “Secret” Constitution:

• The Founders’ Constitution: Fletcher argues that the original Constitution was deeply influenced by the values of the Enlightenment and was designed to protect individual liberties and the rights of states. It sought to balance powers between the federal government and the states, with an emphasis on personal freedoms and minimal interference from the national government.
• Lincoln’s Constitution: In contrast, the Constitution as reinterpreted by Lincoln during and after the Civil War shifted toward the values of equality and national unity. Lincoln, according to Fletcher, championed a broader moral vision for America, where freedom and equality became the central values, superseding the strict constitutional boundaries that once protected states’ rights.

Equality as a New Constitutional Principle:

• Lincoln’s leadership, particularly through his Emancipation Proclamation and the Gettysburg Address, introduced the concept of equality as a constitutional imperative. Fletcher views this as a radical departure from the 1787 Constitution, which had tolerated slavery and allowed significant disparities in rights and privileges across different groups.
• The post-Civil War amendments (the 13th, 14th, and 15th Amendments) institutionalized this new principle of equality by abolishing slavery, granting citizenship rights, and ensuring voting rights, thus fundamentally reshaping American constitutional law.

Nationalism and Federal Power:

• Fletcher asserts that Lincoln’s actions during the Civil War marked the beginning of a new era of federal power. The war required a strong, centralized national government to preserve the Union, leading to the permanent strengthening of federal authority.
• The victory of the Union over the Confederacy, and the subsequent Reconstruction period, solidified the dominance of federal power over the states, reducing the importance of states’ rights that had been a key concern in the original Constitution.
• Fletcher argues that Lincoln’s redefinition of the Constitution also laid the groundwork for future expansions of federal power, particularly during moments of national crisis (e.g., the New Deal era).

Moral Imperatives Over Legal Formalism:

• Lincoln’s constitutional vision, according to Fletcher, prioritized moral imperatives over the legalistic and formal aspects of the original document. In other words, Lincoln believed that the survival of the Union and the pursuit of moral righteousness (like the abolition of slavery) were more important than adhering strictly to the legal precedents set by the Founders.
• Fletcher highlights how Lincoln sometimes bypassed constitutional norms (such as suspending habeas corpus) in the name of preserving the Union, suggesting that Lincoln’s leadership was driven by the idea that the Constitution’s ultimate purpose was to protect certain moral and democratic principles, even if that meant temporarily disregarding its legal provisions.

Reconstruction as Constitutional Transformation:

• Reconstruction was the period during which the “secret” Constitution was most clearly realized. The Reconstruction Amendments (13th, 14th, and 15th) transformed the nature of American democracy by abolishing slavery, establishing birthright citizenship, and granting African American men the right to vote.
• Fletcher sees these amendments as critical components of Lincoln’s legacy, enshrining his vision of equality and ensuring that the nation would continue to evolve in line with those principles.

Critique of Modern Constitutional Interpretation:

• Fletcher critiques modern constitutional jurisprudence for often neglecting or failing to acknowledge this transformation in American constitutional law. He suggests that legal scholars and judges tend to focus too much on the Founders’ original intentions while overlooking the fundamental changes brought about by Lincoln and the Civil War.
• He argues for a more historically grounded understanding of the Constitution that recognizes the importance of the Civil War as a moment of constitutional rebirth and insists that principles like equality and national unity should be central to contemporary constitutional interpretation.

Lincoln as the Architect of Modern Democracy:

• Fletcher positions Lincoln as the central figure in the creation of modern American democracy. By redefining the Constitution and making equality a fundamental principle, Lincoln laid the foundation for the future expansion of civil rights and the development of a more inclusive democratic society.
• The book portrays Lincoln not just as a political leader, but as a constitutional visionary whose influence continues to shape the American legal and political landscape.

Opposition and Controversy:

• Fletcher’s thesis is not without controversy. Critics argue that he downplays the significance of the original Constitution and that his portrayal of Lincoln’s legacy overemphasizes the extent of constitutional change brought about by the Civil War.
• Some legal scholars and historians challenge Fletcher’s view that there are effectively two constitutions, seeing the post-Civil War amendments as consistent with the Founders’ vision, rather than a radical departure.

In “Our Secret Constitution: How Lincoln Redefined American Democracy”, George P. Fletcher makes the case that Abraham Lincoln’s presidency and the Civil War fundamentally transformed the United States Constitution, introducing the principles of equality, national unity, and stronger federal power. These changes, according to Fletcher, constitute a “secret” second constitution that operates alongside the original. Fletcher argues that modern constitutional law should fully acknowledge the transformative impact of Lincoln’s vision and the Reconstruction Amendments, which have redefined the moral and legal framework of American democracy.