Saturday, December 21, 2019

Military Rule Of The Civil War - 1374 Words

Case 7 1. The Court ruled that neither Congress nor the president could grant the military the authority to try civilians, so long as civilian courts were still functioning. 2. General Hovey probably thought a military court would easily declare Milligan guilty, while a civil court had a good chance of declaring him innocent. 3. According to the Court’s ruling, military rule would take precedence over civilian authority when civilian courts were not operating. For example, during a war where the civil courts stopped functioning. 4. Four Justices thought it was Congress, rather than the courts, who should be responsible for deciding whether a military court could try civilians. 5. Habeas corpus is an important part of the Constitution because it prevents a prisoner being held for an indefinite amount of time long without having formal charges filed against them. This is important in restricting the ability of governments to deny personal freedoms. This case occurred a year after the Civil War ended. The country was weakened and trying to get back together, so this decision may have been made in order to get the country back on the right track by reinforcing the strength of the federal government. The Milligan case defended the writ of habeas corpus written in the Constitution. It ruled that a citizen could not be tried by a military court unless the civil courts were closed. The decision made prevents any citizen of the United States from not being given a fair trial,Show MoreRelatedCivil Liberties During World War II1665 Words   |  7 PagesWorld War II. --President George H.W. Bush, 1988 Many times in history the Supreme Court has been faced with deciding how to treat civil liberties during war time. This raises the question, what restrictions if any should the court allow during wartime. 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