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Ex Parte Milligan, 1866

Ex Parte Milligan, 1866. Kenneth Giancotti. Historical Background. During the Civil War the United States had different Loyalties. President Lincoln put the border states under military rule. Each state was a military district

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Ex Parte Milligan, 1866

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  1. Ex Parte Milligan, 1866 Kenneth Giancotti

  2. Historical Background • During the Civil War the United States had different Loyalties. • President Lincoln put the border states under military rule. • Each state was a military district • Arrested people were denied habeas corpus because of war time. Peacetime treaties were suspended. • In 1861 Chief Justice Roger B. Taney and the court overturned Lincolns actions. This case was called Ex Parte Merryman. • Congress then passed the Habeas Corpus in 1863. • This gave Lincoln and the board the power to suspend Habeas Corpus when he felt that it was needed.

  3. Circumstances of the Case • Lambden P. Milligan was arrested in Indiana in 1864. • He was accused of conspiring against the United States and giving aid and comfort to its enemies the South. • The court convicted Milligan of different acts of treason and disloyalty and sentenced him to death by hanging. • He appealed to the federal courts saying that his right to a trial by jury had been denied and that the proceedings of the military court were unconstitutional.

  4. Constitutional Issues • The case made questions about suspending the rights of citizens in time of war and the legitimate authority of the President to suspend habeas corpus. • Did the Government have the authority to substitute trial by military courts created in States outside the area of military operations? • Was the Government able to even punish Milligan?

  5. Arguments • Milligan The Government has no right, under no circumstances to take away a persons due process. The Constitution guarantees the right under due process the right to habeas corpus. He was even outside a war zone. For The United States When the nation is at war they are to protect the citizens by taking extraordinary measures. The Constitution directly states that habeas corpus may be suspended in time of war.

  6. The Decision • The decision was 5-4 overturning Milligan's conviction. This now limited the power of the President to take away Habeas Corpus. Even though there was no time of Peace.

  7. My Opinion • I believe that it was good that they overturned the conviction on Milligan. Everyone has the right to a fair trial. I don’t care if we are or were in a war. Milligan wasn’t even in a war zone so the Presidents right to take away that right was absolutely wrong.

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