roger tawney and abraham lincoln. abraham lincoln becomes president by running against roger tawney, by telling everyone who will listen just how preposterous dred scott is, this young lawyer from illinois calls it, quote, i love this phrase, an astonisher in legal history. now the tension when lincoln confronts tawney who wants to invalidate everything lincoln is doing and declare everything the obama administration -- i mean the lincoln administration is doing unconstitutional. he wants to declare lincoln, they have a draft, an individual mandate, if you will, which that's what it is, it's a conscription law and the lincoln theory is actually it's a tax because you can buy your way out of it just like the individual mandate. he is afraid that tawney is going to invalidate the whole thing and when tawney dies they find in his desk -- the case never materializes -- they find in his desk a complete draft opinion, a draft-draft, if you will holding conscription unconstitutional. the case hasn't reached the supreme court