Search for: "Ex parte Milligan"
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6 Sep 2010, 6:42 pm
(David Bernstein) From the concurring opinion of four Justice in Ex Parte Milligan (1866), arguing that Congress has the power to establish domestic military tribunals for certain crimes during wartime: We have no apprehension that this power, under our American system of government, in which all official authority is derived from the people, and exercised under direct responsibility to the people, is more likely to be abused than the power to regulate commerce, or… [read post]
20 Jul 2010, 5:38 am
Madison.[13] The second concerns the Reconstruction Acts, which put the South under military rule following the Civil War and were behind the great jurisdiction-stripping case of Ex Parte McCardle.[14] And the third addresses two laws passed during Franklin D. [read post]
19 Jul 2010, 2:24 am
In seeking to undo the court order vesting his share of the former matrimonial home in his wife, Tony said that his reason to do so was to protect his assets as part of a collusive arrangement with his then wife. [read post]
19 Jul 2010, 2:24 am
In seeking to undo the court order vesting his share of the former matrimonial home in his wife, Tony said that his reason to do so was to protect his assets as part of a collusive arrangement with his then wife. [read post]
22 Jun 2010, 1:46 pm
Beasley, J., issued opinion concurring in part and dissenting in part. [read post]
15 Jun 2010, 2:40 am
It was subject to suspension when the going got tough, as happened during the Civil War when the Great Emancipator suspended it for inhospitable locales, though an earlier flavor of the Supremes held in Ex parte Milligan (1866) that as long as civilian courts functioned, the Great Writ would remain available. [read post]
1 Dec 2009, 1:02 am
Here is the abstract: This essay examines the costs of judicial intervention in wartime policy through the lens of three Civil War cases - Ex parte Merryman, Ex parte Milligan, and Ex parte McCardle. [read post]
9 May 2009, 4:00 am
I read the Supreme Court's ex parte Milligan opinion during a lesson on the Civil War. [read post]
13 Jan 2009, 6:10 am
It seems implausible to argue that he did not have such power (most do not involve limits on civil liberties, but rather routine exercise of Executive power), with the exception of suspension of habeas corpus (the Supreme Court ruled in Ex parte Milligan that the power to suspend the writ of habeas corpus resided with the Congress, not the President. more on Milligan in a moment.) [read post]
23 Jul 2008, 2:43 pm
Fletcher invokes the 1866 decision in Ex parte Milligan as "the leading precedent. [read post]
23 Feb 2008, 6:18 am
Explaining to Reporter Millsaps--again--that Staff Sergeant Ray Girouard and Marine Corps Sergeant Lawrence Hutchins are protected by the Constitution I read Supreme Court Justice David Davis' majority ruling on point (Ex parte Milligan - 1866): "The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. [read post]
22 Feb 2008, 7:19 pm
Milligan was not. [read post]
10 Jan 2008, 4:42 pm
Justice David Davis Ex parte Milligan 71 U.S. 2, 120-121 (1866) In recent years, U.S. counterterrorism agent Jack Bauer (pictured, right) has showed up in some far-flung places, from the mountains of Mexico to a Chinese prison cell to the sewer system of Greater Los Angeles. [read post]
1 Oct 2007, 3:23 am
Bradley (Duke Law School) has posted The Story of Ex Parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization on SSRN. [read post]
24 Sep 2007, 3:56 pm
Bradley, Duke, has posted a new essay, The Story of Ex Parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization. [read post]
23 Jun 2007, 12:20 am
Indeed, the most notable decisions to come out of the Civil War are odes to the constitutional constraints on the President: Ex Parte Milligan and Ex Parte Merryman are perhaps the leading examples. [read post]
27 Mar 2007, 11:38 pm
Although the MCA purports to foreclose habeas review, the Supreme Court has long entertained such collateral challenges to military commissions, from the Civil War case ex parte Milligan through last summer's Hamdan decision. [read post]
7 Mar 2007, 9:36 pm
If Milligan was correct that martial law cannot obtain when "the courts are open and their process unobstructed," which courts? [read post]
21 Feb 2007, 9:39 am
The Court has, for example, entertained the habeas petitions of an American citizen who plotted an attack on military installations during the Civil War, Ex parte Milligan, 4 Wall. 2 (1866), and of admitted enemy aliens convicted of war crimes during a declared war and held in the United States, Ex parte Quirin, 317 U.S. 1 (1942), and its insular possessions, In re Yamashita, 327 U.S. 1 (1946). [read post]
14 Nov 2006, 1:41 pm
" Relying on the Civil War era case of Ex parte Milligan, the lawyers argued that "the Constitution prohibits the military imprisonment of civilians arrested in the United States and outside an active battlefield. [read post]
