Truth in Sentencing and Early Release: A Follow Up

Last week, I spoke on truth in sentencing at Marquette Law School as part of Mike Gousha’s “On the Issues” series.  My PowerPoint slides and a video of the event are available here.  Alan Borsuk summarized some of the key points in this blog post.

If you watch the video, you will see that time constraints caused me to skip over a couple of slides.  I’ll fill in those gaps here and then suggest where I would like to see Wisconsin go with early release.

First, I think one of the most interesting and puzzling aspects of our polling research is that many Wisconsin voters say they support both truth in sentencing (“TIS”) and release from prison when an offender can demonstrate that he is no longer a threat to public safety, even though these two policies are in tension with one another.  

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Lincoln’s Anti-Slavery Gettysburg Address

As Professor Mazzie has noted, today, November 19, 2013—the day that I am writing this—is the 150th anniversary of Abraham Lincoln’s brief but iconic Gettysburg Address. Rereading its text earlier today, I was reminded how committed the speech was to the cause of emancipation. Although most of the Union dead at Gettysburg were there to save the Union, not to abolish slavery, it was clear that the emancipation of African-American slaves was very much on Lincoln’s mind when he penned the famous words.

The references to slavery are admittedly somewhat oblique, and the word ‘slavery” is never used. However, the phrase “a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal,” which is prominently featured as the second half of the Address’ opening sentence, clearly refers to the famous, and then not yet fully realized, words of the slaveholder Thomas Jefferson’s Declaration of Independence. In the middle section of the work, Lincoln subtly indicates that the nation for which the Gettysburg dead made the final sacrifice was not the United States of 1860 reunited, but that unrealized nation of the Declaration, committed to liberty and equality.

Although the document famously ends with the hope that “that government of the people, by the people, for the people, shall not perish from the earth,” the more important phrase is the one that precedes it: “that this nation, under God, shall have a new birth of freedom” (emphasis added). The promise of the Gettysburg graveyard is not a reunited country, but a new country freed from slavery.

While it is true that Lincoln did not begin his term in office committed to the eradication of slavery, the events of the year and a half leading up to November 19, 1863, had transformed Lincoln from an opponent of the extension of slavery to a supporter of the eradication of the Peculiar Institution.

In April of 1862, Lincoln had convinced Congress to provide financial support to the four Union slave states (Missouri, Kentucky, Maryland, and Delaware) if they were willing to embrace gradual emancipation. The same month, Congress abolished slavery in the District of Columbia by compensating the slave owners and by offering support for those who were free to emigrate to the West Indies.

By mid-summer, he was already moving away from such modest anti-slavery gestures. In July, Lincoln informed his cabinet of his intention to issue an emancipation proclamation covering slaves in Confederate controlled areas once the Union achieved a significant military victory. Two month later, following the Battle of Antietam, he issued the preliminary Emancipation Proclamation (to take effect January 1, 1863). He again offered financial assistance to the Union slave states, but this time the funds could be used to facilitate either gradual or immediate emancipation.

No Confederate state surrendered in the final three months of 1862, so the Emancipation Proclamation took effect on January 1, and throughout the early months of 1863, the Union Army began to aggressively recruit black soldiers. African-American slaves in Missouri, Tennessee, and Maryland were giving the option of having their freedom purchased by the U.S. government, if they were willing to join the Union Army.

At the time that he delivered the Gettysburg Address in November, Lincoln had other plans underway to undermine slavery throughout the United States. On December 8, he issued his Proclamation of Amnesty and Reconstruction in which he offered amnesty to any Confederate who was willing to take an oath of loyalty to the United States, but only if he was willing to accept the emancipation of all slaves. In March, Arkansas unionists adopted a new state constitution, approved by Lincoln, which abolished slavery altogether. The following month, the Senate approved what would become the 13th Amendment.

Actual abolition of slavery throughout the United States would not come until December 1865, when the 13th Amendment became law, almost eight months after Lincoln’s assassination. However, as the Gettysburg Address revealed, by the end of 1863, Lincoln himself had begun to envision not just a reunited United States, but a new nation, freed once and for all of the curse of slavery.

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This Week’s Other Presidential Anniversary

There’s a lot of hullabaloo over the 50th Anniversary of the Kennedy assassination and who or who is not visiting the Kennedy grave at Arlington tomorrow. The noise of politics often drowns out the things to which we should be paying attention, and the politics of grave visiting is certainly unimportant compared with the reality of what happened fifty years ago in Dallas. With all the noise from this and other things, the anniversary of another event is getting less fanfare, perhaps because it did not occur within recent memory.

One hundred-fifty years ago today, on November 19, 1863, President Abraham Lincoln delivered one of the greatest speeches of all time – the Gettysburg Address. The speech is vintage Lincoln – brief, yet powerful. Of all the things that have been said about it, I like best the remarks of the man who delivered what was supposed to be the keynote speech of the day, Edward Everett, who wrote Lincoln the next day to say “I should be glad if I could flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.”

Perhaps the best way to observe the anniversary is to take two minutes to re-read the address. The Library of Congress has an excellent online exhibit where one can view actual drafts of Gettysburg Address in Lincoln’s own hand, the Everett letter, and photographs of the event. Unlike the Kennedy anniversary, there is no video or footage of Walter Cronkite covering the event. But, on the plus side, there are no pundits speculating about what the observation of this anniversary means for the 2016 presidential race – I hope.

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