Lindquist - GOVERNMENT Ex Parte Milligan (1866 Lindquist - GOVERNMENT

Historical Background During and after the Civil War, President Lincoln ordered border states (South/North) under military rule. Due to “Emergency Actions” he: Established Military Courts Suspended “Due Process” (In some cases) No “ Habeas Corpus” for arrested Ex Parte Merryman (1861) the court overturned Lincoln’s “Emergency Actions” Congress passed Habeus Corpus Act in 1863, this gave President Lincoln the power to suspend habeas corpus when and where he felt he should.

Circumstances Milligan was arrested in Indiana 1864. Accused of conspiring against the United States and “giving aid and comfort to its enemies” – The South. Tried in a Military Court (created under Lincoln’s order) Court convicted Milligan of treason and disloyalty and sentenced him to DEATH!!! Milligan Appealed to Federal Court saying: His right to TRIAL BY JURY had been denied and the military trials proceedings were unconstitutional.

Constitutional Issue Suspending the rights of citizens in a time of war Legitimate authority of the President to suspend Habeas Corpus (Article 1 section 9) Suspending Due Process (5th Amendment) Jury Trial (6th Amendment)

Arguments For Milligan: For the United States: Congress under NO circumstances has authority to deprive citizens of Due Process. Military courts were unconstitutional and he should have been tried in regular courts of the United States For the United States: During a time of war a nation must take extraordinary measures to insure safety for citizens. Milligan was providing food and blankets to enemies (friends/family in the South) He is a traitor.

Decision 5-4 decision OVERTURNED Milligan’s conviction Under NO Circumstance can the president or congress impose military justice on civilians outside an actual warzone… (BUT it Can suspend Habeas Corpus) The safety of the country does not require martial law in Indiana Milligan is not a prisoner of war and has lived peacefully in Indiana for 20 years LASTING IMPACT: Limited the powers of the President and Congress in time of war.