Ex+Parte+Milligan

= Ex Parte Milligan =

__**Year the case was heard by the Supreme Court**__

Tuesday, April 3, 1866

1/1


 * __Summary of the Case__**

Milligan FIRST NAME? COMMA a citizen of Indiana for twenty years, was caught as a spy during the CAPS civil war for the CAPS confederacy, and sentenced to death by General Alvin B. Hovey for treason. Milligan argued that he had THE right to a trial by jury, but the military was saying that because it was in a time of war certain laws weren’t to apply. The court eventually decided that the habeas corpus was fair, but military tribunals weren’t allowed to declare things over the civil court, even in times of war. DON'T TELL ME DECISION YET 4/5


 * __Constitutional/Legal Issue__**

The main question that was drawn from the case was if the way Milligan was treated broke the law of the Constitution. When Milligan was declared to have the death sentence, he demanded that he have a trial, and tried to use the argument that the sixth amendment said that he had right to a trial by jury. Although the argument against this was that he was a spy for the CAPS confederacy, therefore making it a possible treason. The writ of habeas corpus ITALICS, declared in Article I of the constitution, was also a big part of the argument. The military thought it should be suspended because of the situation, but the court eventually disagreed. WHAT IS A WRIT OF HABEUS CORPUS - EXPLAIN 4.5/5

//**The defendant Lambdin P. Milligan**// //**This political cartoon illustrates Republican opinions of Copperheads. Here, Lady Liberty fights off Milligan depicted as Copperheads**//**//.//**
 * Picture: **

GOOD 2/2


 * __The Court's Decision__**

The Supreme Court decided that habeas corpus could not be overruled, and that the military did not have authority over citizens in states where civilian courts are still operating. The military could not try individuals if there is a civil court system available, even while at war. Milligan was imprisoned under the authority of the President, and was not a prisoner of war. After 18 months in jail Milligan was released.

The court's vote was 9-0, that putting civilians in military tribunals was unconstitutional when civilian courts are still operating. GOOD 5/5

__**Significance Of the Ruling**__

This was a significant court case because it questioned the rights of citizens during wartime, and what rights defendants have when there is evidence of harm to the country. This allowed US citizens more rights, and made sure that they could exercise those rights without being punished. This ruling also was vital to reinforcing the right of Habeas Corpus, and even under trying circumstances it still protected citizens of the United States. HOW MIGHT THIS CONNECT TO CURRENT CIRCUMSTANCES - FOR EXAMPLE, GUANTANAMO DEATAINEES = = 5/5

__**Bibliography:**__

Indiana University Alumni Association,. (1922). //Indiana// //university alumni quarterly, volume 9//. Alumni Association of Indiana University: Indiana University.
 * Info:**

(2005, February 25). //U.s.// //supreme court ex parte milligan//. Retrieved from []

Ex Parte Milligan. (2009). In //Encyclopædia//  Britannica. Retrieved November 17, 2009, from Encyclopædia  Britannica Online: []

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Copperhead, a northern political faction Image: (2009, June 20). //Supremecourthistory//. Retrieved from http://www.supremecourthistory.org/history/images_history/06_a.jpg
 * Images:**

24/25 = 96% (A)

NICE JOB!