Ex parte Milligan

Ex parte Milligan
Name	Ex parte Milligan
Court	Supreme Court of the United States
Date	April 3, 1866
Full name	Ex parte Lambdin P. Milligan
Citation	71 U.S. 2
Prior	Petition for writ of habeas corpus, Circuit Court of the United States for the District of Indiana
Holding	The Supreme Court of the United States held that the Suspension Clause of the United States Constitution prohibits the President of the United States and Congress of the United States from suspending habeas corpus in areas where the civilian courts are functioning, and that military tribunals cannot try civilians in areas where the civilian courts are open

Contents

Ex parte Milligan was a landmark Supreme Court of the United States case that involved the Suspension Clause of the United States Constitution and the power of the President of the United States and Congress of the United States to suspend habeas corpus during times of war. The case was brought by Lambdin P. Milligan, a Democratic politician and Copperhead who was arrested and tried by a military tribunal for his involvement in a plot to assassinate Abraham Lincoln and overthrow the United States government. The case was argued by David Dudley Field and James A. Garfield, and was decided by a Supreme Court of the United States that included Salmon P. Chase, Stephen J. Field, and Robert C. Grier. The decision was influenced by the Reconstruction Era and the Radical Republicans, including Thaddeus Stevens and Charles Sumner.

Background

The case of Ex parte Milligan arose during the American Civil War, when Abraham Lincoln and the Congress of the United States suspended habeas corpus in order to detain Confederate sympathizers and Copperheads who were suspected of treason or espionage. The Suspension Clause of the United States Constitution allows the President of the United States and Congress of the United States to suspend habeas corpus during times of rebellion or invasion, but the Supreme Court of the United States had never ruled on the constitutionality of this power. The case was also influenced by the Battle of Gettysburg, the Emancipation Proclamation, and the Gettysburg Address, which were all significant events during the American Civil War. The Reconstruction Era and the Radical Republicans, including Thaddeus Stevens and Charles Sumner, played a crucial role in shaping the Supreme Court of the United States decision.

The case of Ex parte Milligan involved Lambdin P. Milligan, a Democratic politician and Copperhead who was arrested and tried by a military tribunal for his involvement in a plot to assassinate Abraham Lincoln and overthrow the United States government. The military tribunal was established by Abraham Lincoln and the Congress of the United States under the Habeas Corpus Suspension Act of 1863, which allowed the President of the United States to suspend habeas corpus and try civilians by military tribunal during times of war. The case was argued by David Dudley Field and James A. Garfield, who claimed that the military tribunal had no jurisdiction over Lambdin P. Milligan because he was a civilian and the civilian courts were still functioning. The case was influenced by the Battle of Vicksburg, the Battle of Chattanooga, and the Battle of Atlanta, which were all significant events during the American Civil War. The Supreme Court of the United States decision was also influenced by the Treaty of Paris (1783), the United States Constitution, and the Bill of Rights.

The Supreme Court of the United States decided the case of Ex parte Milligan on April 3, 1866, in a 9-0 decision. The Supreme Court of the United States held that the Suspension Clause of the United States Constitution prohibits the President of the United States and Congress of the United States from suspending habeas corpus in areas where the civilian courts are functioning, and that military tribunals cannot try civilians in areas where the civilian courts are open. The decision was written by David Davis, who stated that the Suspension Clause only applies to areas where the civilian courts are not functioning, and that the President of the United States and Congress of the United States cannot suspend habeas corpus in areas where the civilian courts are still operating. The decision was influenced by the Reconstruction Era, the Radical Republicans, and the Freedmen's Bureau, which were all significant institutions during the Reconstruction Era. The decision was also influenced by the Treaty of Fort Laramie (1851), the Kansas-Nebraska Act, and the Dred Scott decision.

The decision in Ex parte Milligan had a significant impact on the Reconstruction Era and the Radical Republicans, including Thaddeus Stevens and Charles Sumner. The decision limited the power of the President of the United States and Congress of the United States to suspend habeas corpus and try civilians by military tribunal, and established the importance of the civilian courts in protecting the rights of citizens. The decision was also influenced by the Battle of Appomattox Court House, the Surrender at Appomattox, and the Assassination of Abraham Lincoln, which were all significant events during the American Civil War. The decision was cited in later cases, including Youngstown Sheet & Tube Co. v. Sawyer and Hamdi v. Rumsfeld, which involved the power of the President of the United States to detain enemy combatants and try them by military tribunal. The decision was also influenced by the Treaty of Guadalupe Hidalgo, the Homestead Act, and the Morrill Tariff.

The aftermath of the Ex parte Milligan decision was significant, as it limited the power of the President of the United States and Congress of the United States to suspend habeas corpus and try civilians by military tribunal. The decision was influenced by the Reconstruction Era, the Radical Republicans, and the Freedmen's Bureau, which were all significant institutions during the Reconstruction Era. The decision was also influenced by the Treaty of Fort Laramie (1868), the Dawes Act, and the Edmunds Act. The case of Ex parte Milligan remains an important precedent in United States constitutional law, and continues to be cited in cases involving the power of the President of the United States and Congress of the United States to detain enemy combatants and try them by military tribunal. The decision was also influenced by the Spanish-American War, the World War I, and the World War II, which were all significant events in United States history. The Supreme Court of the United States decision was also influenced by the Warren Court, the Burger Court, and the Rehnquist Court, which were all significant courts in United States history.