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Originally Posted by MAXUM
In the case of this, the battle ensued over something that was not constitutional, therefore it could be argued that under the UCMJ orders to fight over and enforce some idea that had yet to be established could in theory be considered an unlawful order. Even if it comes from the president himself. Although it happens all too often today, the executive branch of government does not have the authority to make laws. While what Lincoln did was a noble cause I don't believe he had the jurisdiction to make the emancipation proclamation binding or federal law. Even at that the war was already well underway when that was put out in 1863.
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The battle did not ensue over slavery, although that undoubtedly was on everybody's mind. The battle ensued over Lincoln's decision to resupply a US fort after the state that the fort was in seceded from the US, I'm sure you'd agree that the states had no right to secede unilaterally, and certainly no right to attack the US army