Introduction Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial US federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend “the privilege of the writ of habeas corpus” under the Constitution’s Suspension Clause, when Congress… Read More
What is Ex Parte Milligan (1866)?
Introduction Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the US Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln’s administration the power of military… Read More
