Ex+Parte+Milligan

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Ex Parte Milligan
2/2 //Lamdin P. Milligan//

Year the case was heard by the Supreme Court
I. 1866 1/1

II. During the Civil War, Lambdin P. Milligan was one of several people accused of planning to steal Union weapons, invade Union prisoner of war camps and free Confederate soldiers in Indiana. President Lincoln issued an executive order that gave Nortern SPELL military control over some civilian areas. So in 1864 Milligan was tried by military commission for "formenting a rebellion". He was found guilty and codemned to death. He was not at that time nor had he ever been a member of the American military. On May 10, 1865 Milligan petitioned the Circuit Court of Indiana to release him from an "unlawful imprisonment". Milligan argued that the military commission did not have the right to try him for crimes because he was not in the military and was therefore not under their juristiction. The judges of the Circuit Court had opposing opinions and so the case was appealed to the Supreme Court. 5/5 GOOD
 * Summary of the case**

III. The legal question the court tried to answer was: Is Milligan's imprisonment and trial by the military unconstitutional, in that it violates the writ of habeas corpus guarunteed in Article One of the Constitution? WHAT DOES A WRIT OF HABEUS CORPUS? EXPLAIN 4/5
 * Constitution/Legal Issue**

IV. The court was in complete consensus on the ruling of this case. They unanimously ordered that Milligan be released in a vote of 9-0. They decided that he should be released because he should not have not been tried by martial law when a civilian court was open. The military court did not have juristiction over Milligan because he was not a solider, and he never had been. The Supreme Court did not, however, directly adress the suspension of the writ of habeas corpus. After Milligan was released from his prison sentence he was never tried in a civilian court, though he could have potentially been found guilty of treason. 5/5 //Justice David Davis who spoke for the court// V. Many historians find this case a great example of the judicial system protecting basic civil rights. This case is very significant because if Milligan had been kept in prison because of the martial law that was imposed on him, he would have been denied the right to trial by jury. This would have set a dangerous precedent for later cases.This case also questioned the rights of citizens during times of war. Ex Parte Milligan was important because it sucessfully reinforced SPELL the writ of habeas corpus. CONNECT THIS CASE TO MODERN ISSUES INVOLVING TERROR SUSPECTS 4.5/5
 * Descision or Holding**
 * Significance**


 * Bibliography**


 * Ex Parte Milligan**. (2009). In //Encyclopædia Britannica//. Retrieved November 21, 2009, from Encyclopædia Britannica Online: [|**http://www.britannica.com/EBchecked/topic/382899/Ex-Parte-Milligan**]

Justice David Davis. [Online Image]. Retrieved November 21, 2009, from []

Lamdin P. Milligan. [Online Image]. Retrieved November 21, 2009, from []

//U.S. Supreme Court, Ex Parte Milligan.// (1866). Retrieved November 21, 2009, from [|http://www.constitution.org/ussc/071-002a.htm] 2/2

24/25 = 96% (A)

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