Ex
parte
Milligan
71
U.S.
(1866)
Summary
Abraham
Lincoln
allowed
General
Winfield
Scott
to
suspend
habeas
corpus
in
some
of
the
border
areas
due
to
violence
and
social
unrest
in
1861.
In
1864,
Lambdin
Milligan
was
charged
with
conspiracy
against
the
U.S.
government.
He
was
convicted
by
a
military
tribunal
and
sentenced
to
death.
The
Supreme
Court
held
that
the
suspension
of
habeas
corpus
was
lawful,
but
stated
that
the
tribunals
could
not
try
civilians
in
areas
that
remained
loyal
to
the
Union
and
had
operational
civilian
courts.
Milligan
was
a
citizen
of
Indiana
(which
was
not
one
of
the
states
that
seceded
from
the
Union)
and
was
not
associated
with
the
military.
The
Supreme
Court
also
held
that
when
habeas
corpus
is
suspended
that
citizens
may
only
be
held
without
charges.
They
could
not
be
tried
or
executed.
Arizona
Teaching
Standards
Courts
and
Constrained
Liberties
During
Times
of
War
• 7th
Grade
Strand
3:
Civics
and
Government
Concept
2:
Structure
of
Government
PO1e
Judicial
Review
• High
School
Strand
1:
American
History
Concept
1:
Research
Skills
for
History
PO6
Apply
the
skills
of
historical
analysis
to
current
social,
political,
geographic,
and
economic
issues
facing
the
world
Concept
10:
Contemporary
United
States
PO2
Identify
the
connection
between
current
and
historical
events
and
issues
using
information
from
class
discussions
and
various
resources
(e.g.,
newspapers,
magazines,
Internet,
books,
maps)
Strand
3:
Civics
and
Government
Concept
2:
Structure
of
Government
PO2c
Separation
of
Powers/Checks
and
Balances
PO2d
Judicial
Review
Concept
3:
Functions
of
Government
PO2
Examine
how
the
Constitution
guarantees
due
process
of
law
Through
Constitutional
mandates
and
Amendments
Concept
4:
Rights,
Responsibilities,
and
Roles
of
Citizenship
PO1a
Freedom
of
religion,
speech,
press,
assembly,
and
petition
in
the
First
Amendment
1
Links
to
Web
Resources
Courts
and
Constrained
Liberties
During
Times
of
War
•
Bruce
A.
Ragsdale,
"Teaching
Judicial
History:
Federal
Trials
and
Great
Debates
in
US
History
Ex
parte
Merryman
and
Debates
on
Civil
Liberties
During
the
Civil
War"
http://www.fjc.gov/history/merryman.nsf/autoframe?openform&heade
r=/history/merryman.nsf/page/header_home&nav=/history/merryman.
nsf/page/nav_home&content=/history/merrman.nsf/page/home
•
Civil
Liberties
in
Wartime:
Supreme
Court
Case
Law
on
the
Protection
of
Civil
Liberties
During
Times
of
War
http://www.law.duke.edu/publiclaw/civil/index.php?action=showtopic
&topicid=1
2