Ex parte Milligan

Ex parte Milligan (1866)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) 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.

3) 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.”

Executive Power Cases

Hamdan v. Rumsfeld

Hamdan v. Rumsfeld (2006)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Salim Hamdan, Osama bin Laden’s former driver, was detained at Guantanamo Bay and slated for trial by a military commission created by President Bush. The Supreme Court ruled that the commissions lacked authorization from Congress and violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions.

3) Why It Mattered
This case was a major check on executive power during the War on Terror, reaffirming that the President cannot unilaterally create courts outside constitutional and statutory limits.