I am trying to understand the legal reach of the Emancipation Proclamation, rather than just remember its date. The final proclamation applied to designated areas in rebellion, but not to slaveholding border states that remained in the Union. It also exempted some Union-controlled areas within Confederate states.
That seems counterintuitive: why announce freedom in places where the federal government had limited immediate control, while excluding places where it could enforce the decision more readily?
How much of this distinction came from Lincoln’s wartime powers, and how much came from the political need to keep the border states in the Union? I would also appreciate clarification on what the Thirteenth Amendment changed legally that the proclamation could not.
