PSCI 3322 Lecture Notes - Lecture 7: Ex Parte Mccardle, Ex Parte Quirin, Ex Parte Milligan
17 Oct 2016
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He supported the confederacy while being a part of the union and lincoln says southern sympathizers can be arrested and tried for military commission to be hanged. Davis - was abraham lincoln"s campaign manager: case attacks lincoln"s law, but lincoln has died by now. Is it an attack on lincoln"s policies since davis wrote the opinion, assigned to write the opinion. Trial of lambdin milligan, citizen of indiana by military commission and sentence to death. Open courts rule - civilian citizens cannot be tried by military commission where civilian courts are open and functioning: weakening the power of the president. Decision is very pro-civil liberties: trial has to be a civilian trial, must be by jury. Black: trust the military and the commander in chief, the issue is national security and not individual rights, congress and the president, and the military are saying that there is a need for.
