Ex parte Milligan
71 U.S. (4 Wall.) 2 (1866)
📄 Read the Actual Opinion
U.S. Reports opinion (PDF) →📋 Summary of the Opinion
Lambdin Milligan, a civilian in Indiana, was arrested during the Civil War and tried by a military tribunal for alleged disloyal activities. The Supreme Court held that trying civilians in military courts is unconstitutional when civilian courts are open and functioning.
⚖️ Why It Mattered
This case set a powerful precedent protecting civil liberties during wartime. It declared that the Constitution applies “equally in war and in peace.”
✅ What It Provided or Took Away
✅ Provided:
Civilian supremacy over military authority in peacetime or where civil courts remain open.
❌ Took Away:
The government’s claimed power to use military tribunals for civilians when normal courts are operating.
🤔 Overreach or Proper Role?
It was a strong judicial check on executive wartime power, but entirely within the Court’s role of upholding constitutional guarantees.
💡 Plain-English Impact Today
Even during national emergencies, the government cannot bypass civilian courts and try people in military tribunals if the regular courts are available.