Ex Parte Milligan case study

Ex Parte Milligan case was developed in 1866 when the court did not want to provide power to Abraham Lincoln leadership with the ability of a military commission jurisdiction. This jurisdiction had a controversial application that was able to act to deal with desenters of the union in the course of the civil war in America (Klement, F. L. The ruling of the American Supreme Court was that the federal government was not supposed to develop military courts that would be used to try civilians and was an exception in situations where the civil courts could no longer function. The case was developed after Lambdin Milligan was taken to exile in 1864 because it was claimed that he helped the Confederacy and therefore he conspired to free prisoners and furthermore to incite insurrection.

However, the radicals did not accept the decisions made to free Milligan from prison and complained of his release could impact their many plans especially those based on the military rule. Justice David Davis determined the case and decided that the trial of civilians by commissions that were developed by the president was not in accordance with the constitution. The use of the military tribunals, in this case, was very unconstitutional, especially while the civilian courts were effectual and operated well in the country. In this case, the military, therefore, lacked the jurisdictional power in the millions trial case and thus it led to his discharge. Conclusion The military commission located in Indiana during the civil war opted to sentence Milligan to death because he engaged in acts that were termed to be disloyal to them.