Ex Parte Milligan
Ex Parte Milligan is a landmark U.S. Supreme Court case decided in 1866 that addressed the limits of military jurisdiction over civilians during wartime. The case involved Lambdin Milligan, who was convicted by a military tribunal while civil courts were functioning in his area. The Supreme Court unanimously ruled that the Constitution remains in effect during wartime, affirming that neither the president nor Congress can grant military courts authority over civilians when civilian courts are available. Justice David Davis wrote the majority opinion, emphasizing the importance of civil liberties, while Chief Justice Salmon P. Chase expressed additional concerns regarding adherence to existing laws, particularly the Habeas Corpus Act of 1863.
The ruling underscored a significant precedent for civil rights and the protection of individual liberties against military overreach. Although subsequent cases, such as during World War II, did not fully adhere to the principles established in Milligan, the case remains a critical reference point in discussions about civil liberties in times of national crisis. Overall, Ex Parte Milligan highlights the balance between national security and constitutional rights, a topic that continues to resonate in contemporary legal and political discourse.
Ex Parte Milligan
Date: April 3, 1866 (opinions released December 17, 1866)
Citation: 71 U.S. 2
Issues: War and civil liberties; Military justice
Significance: This decision, in which the Supreme Court determined that military courts did not have jurisdiction over civilians if civil courts were operating, is regarded as a constitutional landmark by many but has also been criticized and not always followed by the Court.
Justice David Davis wrote the majority opinion for a unanimous Supreme Court; however, significant differences were expressed in a separate concurrence written by Chief Justice Salmon P. Chase and joined by Justices Samuel F. Miller, Noah H. Swayne, and James M. Wayne. The Court found that Lambdin Milligan and two other prisoners convicted by a military tribunal had to be released, but the release was delayed several months because the Court did not immediately publish its conclusions.
Davis held that the Constitution was not suspended in wartime and not even the president or Congress could give military courts jurisdiction over civilians if the civil courts were open (as they were in the area in which Milligan was arrested). Chase’s concurrence held that the statutes in this case suggested that the government had not even followed the 1863 Habeas Corpus Act, and thus it was not necessary for the Court to raise the constitutional question that Chase would have resolved by holding that Congress could have authorized military courts in extreme wartime conditions. In World War II, the Court did not follow Milligan in allowing the internment of Japanese Americans and used mere statutory grounds to overturn the imposition of martial law in Hawaii.