Ex Parte Milligan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a citizen not connected with military service could not be tried by a military court when civilian courts are still operating
• holding that, absent proper declaration of martial law, a secessionist saboteur who is not himself an enemy belligerent may not be tried by military tribunal within the territorial jurisdiction of United States District Court
• holding unconstitutional the exercise of military jurisdiction to try and punish a civilian citizen even during an insurrection (the Civil War), where Article III courts were open and functional
• holding unconstitutional the exercise of military jurisdiction to try and punish a civilian citizen even during an insurrection (the Civil War), where Article III courts were open and functional
• prohibiting the military trial of civilians in Indiana during the Civil War
• President cannot impose martial law on civilians, thereby suspending the Sixth Amendment right to jury trial, \where the courts are open and their process unobstructed\

Source: CourtListener parenthetical corpus (CC0).