EX PARTE MILLIGAN 71 U.S 2 1866 EX PARTE MILLIGAN U.S CONSTITUTION U.S GOV'T JUDICIAL CIVIL WAR U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE THIS RULING WAS A LANDMARK FOR ADDRESSING FUNDAMENTAL QUESTIONS ABOUT THE EMERGENCY POWERS ALLOWED TO THE GOVERNMENT IN TIMES OF WAR THIS CASE ESTABLISHED THAT NEITHER THE PRESIDENT NOR CONGRESS COULD ORDER THE TRIALS OF CIVILIANS TO BE HANDLED BY MILITARY COMMISSIONS WHILE THE CIVIL COURTS WERE OPEN BACKGROUND IN 1864 DURING THE CIVIL WAR U.S ARMY OFFICIALS ARRESTED LAMBDIN P MILLIGAN AND SEVERAL OTHER DEMOCRATS IN INDIANA ACCUSING THEM OF PLOTTING TO FREE CONFEDERATE WAR PRISONERS FROM VARIOUS PRISON CAMPS THE CASE COULD HAVE GONE TO A FEDERAL JURY BUT THE ARMY OFFICERS DID NOT BELIEVE THAT INDIANA JURIES WOULD BE TRUSTWORTHY SO THEY ORDERED THE CASE TO BE TRIED BY MILITARY COMMISSION THE DEFENDANTS WERE FOUND GUILTY AND WERE SENTENCED TO DEATH BY HANGING MILLIGAN APPEALED THE CONVICTION ON THE GROUNDS THAT THE CASE SHOULD HAVE BEEN JUDGED IN A CIVIL COURT NOT A MILITARY COURT DECISION THIS CASE WAS ARGUED ON MARCH 5 13 1866 AND DECIDED ON APRIL 3 1866 BY A VOTE OF 9 TO 0 JUSTICE DAVID DAVIS SPOKE FOR THE UNANIMOUS COURT WHICH RULED THAT THE CONSTITUTIONAL GUARANTEE TO CIVILIANS OF A PUBLIC TRIAL BY AN IMPARTIAL JURY COULD NOT BE SET ASIDE BY MARTIAL LAW EVEN DURING WARTIME
