Ex Parte Milligan Case

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In the case of Ex Parte Milligan, in 1866, Lambdin Milligan was arrested and tried in Military Court for a plot which was not acted upon to free confederate soldiers and have them convert their militaristic principals and fight for the union cause. This arrest and trial was only possible because of the revoked writ of habeas corpus, which was the right an individual has which entails the protection of not being arrested for no apparent reason. Since Milligan did not commit an actually crime, arresting him would be unlawful, but as stated, he was not protected by the writ of habeas corpus. It can be argued that Lincoln (who was the individual which revoked the writ during this period) revoked the writ during this period as a measure against…show more content…
The reason behind this was ‘protection against espionage and against sabotage to national defense’. The case of the Supreme Court vs. Korematsu, the executive order was challenged. Mr. Korematsu felt that the executive order was unfair to the greatest extent and refused to leave his residence. He sadly lost his case. The audacity of the Court stated that the racial issues behind this was just a complication and buffed the issues which were determining military dangers and military urgency. Which is why the Japanese needed to be relocated, and also the Japanese did not swear unqualified allegiance to the United States and did not renounce allegiance to the emperor. During the Civil War the writ of habeas corpus was revoked order to protect the Union from exponential military dissent. In the case of the Supreme Court vs. Korematsu, they were at fault. In the case of Ex Parte Milligan, Milligan was given compensation. This was not the case in with Korematsu. This was a great breach of civil liberty, and if one was to look at the fact that the Supreme Court stated that the Japanese didn’t denounce their allegiance to the Japanese Emperor, it would seem like the most amazing feat of simple-mindedness. Would Americans in the other way around denounce all ties with their country? No. This case was

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