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Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Judicial Power & Separation of Powers
Ex parte Milligan
Decided: 1866
Held that civilians cannot be tried by military tribunals where civilian courts are open, limiting executive war powers.
Lambdin Milligan, an Indiana civilian, was tried by military commission during the Civil War and sentenced to hang. The Supreme Court unanimously ordered him freed. Justice Davis wrote that the Constitution 'is a law for rulers and people, equally in war and in peace' and that martial law cannot supplant civilian courts when those courts remain open and functioning. Milligan is a foundational check on executive war power and was repeatedly invoked against the Bush administration's post-9/11 military-commission policies.