Ex parte Milligan
Citation | 18 L.Ed. 281,4 Wall. 2,71 U.S. 2 |
Parties | EX PARTE MILLIGAN |
Decision Date | 01 December 1866 |
Court | U.S. Supreme Court |
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U.S. ex rel. New v. Rumsfeld
...1, 87 L.Ed. 3 (1942) (Sixth Amendment right to jury trial does not extend to trial by military commission); Ex Parte Milligan, 71 U.S. 2, 123, 4 Wall. 2, 18 L.Ed. 281 (1866) (Sixth Amendment right to jury trial limited to persons subject to indictment or presentment in civilian courts under......
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Maine Central R. Co. v. BMWE
...103 U.S. (13 Otto) 168, 26 L.Ed. 377 (1880); United States v. Klein, 80 U.S. (13 Wall.) 128, 20 L.Ed. 519 (1871); Ex parte Milligan, 71 U.S. (4 Wall.) 2, 18 L.Ed. 281 (1866). The Court has also reviewed those cases based on the prohibition against bills of attainder. See, e.g., Nixon, supra......
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State Ex Rel. Fulton v. Ives
...... or unreasonable, and it can be justified only by exceptional. circumstances. Ex parte Messer, 87 Fla. 92, 99 So. 330. . . Included. in the right of personal liberty and the right to private. property is the right to ... service is rendered too cheaply. Such a doctrine involves. pernicious consequences, and, as was said in Ex parte. Milligan, 4 Wall. 2, 18 L.Ed. 281, to hold that any of the. provisions of the Constitution may be suspended during a. so-called emergency announces a ......
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Albritton v. City of Winona
......V. R. R. v. Thomas, Tax Collector, 33 L.Ed. 303;. Jacobson v. Maas., 49 L.Ed. 643; Schechter v. U.S. 79 L.Ed. 888, 97 A.L.R. 947; Ex parte Milligan, 4. Wall. 2, 18 L.Ed. 281; Home Bldg. & Loan Assn. v. Blaisdell, 290 U.S. 398; Hill v. Woodward, 100 Miss. 879, 57 So. 294. . . ......
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1 firm's commentaries
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Media Access To The New Special Tribunals: Lessons Learned From History And The Military Courts
...this case, a U.S. citizen - if the civil courts are actually closed and it is impossible to administer criminal justice. Ex parte Milligan, 71 U.S. 2 (Wall) (1866).2 Milligan's other significant limitations were that martial law may only be declared by Congress, military tribunals may only ......
21 books & journal articles
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Nuclear Command and Statutory Control
...greater attention must be paid to congressional powers). 198. See supra note 122 (Little, Prize Cases, Youngstown); Ex parte Milligan, 71 U.S. 2, 4 (1866) (captured alleged Confederate agent cannot be tried by military commission if civil courts are open and operating). For an influential ......
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Clean Air Act Section 115: Is the IPCC a 'Duly Constituted International Agency'?
...of the language that is now Section 115. Given that the U.S.–Canadian International Joint Commission is the only 51. Ex parte Milligan, 71 U.S. 2, 1866 U.S. LEXIS 861, 5 (1866). The connection to conflicts over legitimacy of authority follows in Boyd v. Nebraska , 143 U.S. 135, 185–86 (189......
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Defense Counsel, Please Rise': A Comparative Analysis of Trial In Absentia
...Court overturned the convictions of Dodd’s co-conspirators, noting that the military commission did not have jurisdiction over civilians. 71 U.S. 2 (1866). 176 MILITARY LAW REVIEW [Vol. 216 B. Trial In Absentia Rules Evolve in the Manual for Courts-Martial 1. Rule for Courts-Martial 804(c) ......
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Table of Cases
...Vt. Fam. Ct., No. 454-11-03 (2004), cited in 73 U.S.L.W. 1331 (Dec. 7, 2004), 1197 Milligan, Ex parte, 71 U.S. (4 Wall.) 2, 18 L.Ed. 281 (1866), 1311 Page 1693 Milliken v. Bradley (Milliken I), 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069 (1974), 320, 1119-20, 1125-26, 1170 Milliken v. Brad......
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