How Libertarians Ought To Think About The U.S. Civil War

How Libertarians Ought To Think About The U.S. Civil War
Reason Papers ^ | Spring 2006 | TIMOTHY SANDEFUR

Posted on Monday, September 17, 2007 5:35:27 PM by Delacon

How Libertarians Ought To Think About The U.S. Civil War

By Timothy Sandefur

[Reason Papers vol. 28, pp. 61-83, Spring 2006]

I. Introduction

For decades, outspoken libertarians have seen the Civil War not only as a

historical calamity, but as a political calamity as well. According to many libertarians,

the Union victory in the Civil War, and the presidency of Abraham Lincoln in general,

represented a betrayal of American Constitution and of the fundamental principles of

American political philosophy.

This interpretation rests on two major arguments as well as a variety of more

minor concerns. The more minor concerns include specific critiques of the policies of the

Lincoln Administration, or of the conduct of the War by Union forces. For example,

many libertarians condemn the Union for instituting a military draft, or for suspending

the writ of habeas corpus. There are many of these specific criticisms, which deserve

detailed discussion which cannot be provided here.1 Suffice to say that some of these

criticisms are well-founded; indeed, libertarians deplore war precisely because it tends to

give rise to such evils.

Understanding the Civil War as a matter of political philosophy, however,

requires a systematic, two-step analysis: first, does a state have the legal authority under

the United States Constitution, to secede unilaterally? If the answer to this question is

yes, then the analysis is at an end: if states have the right to secede, the Union was in the

wrong to put down the Confederacy. If, however, the answer is no, then we must proceed

to a second step: even illegal acts, like the American Revolution, are justified by the right

1 For example, it ought to be noted that the Confederacy instituted a military draft as well, and did so before 

the Union did. J. McPherson, Battle Cry of Freedom (New York: Ballantine, 1988) p. 427.

of revolution, so even if the Constitution does prohibit secession, the people of the

southern states had the right to rebel against the Union, if their act was a legitimate act of revolution. It is essential to keep in mind the distinction between secession and

revolution. 

As Lincoln wrote, “It might seem, at first thought, to be of little difference

whether the present movement at the South be called ‘secession’ or ‘rebellion.’ The

movers, however, well understand the [*62] difference.”2 Was, then, the Confederate

rebellion a legitimate act of revolution?........................