For this assignment, you are going to analyze one instance of change in power, responsibility, and limits of the federal government. You will analyze the court case, ex parte Milligan (1866), and prepare an argument for or against the President’s choice using sections of the U.S. Constitution as evidence.
Examine ways the powers, responsibilities, and limits of the federal government have changed over time and are still contested today.
Who wrote this document, and when was it written?
What two legal measures does this document announce?
What two reasons are given for the measures?
Did President Lincoln have the power to hold Mr. Milligan and try him in a military court?
Do you believe President Lincoln had Constitutional authority to support his actions?
Step 4: Create your own Organizer to help outline your argument.
What role will you take in arguing the case:
Option A: The Attorney for Mr. Milligan,
Option B: The Attorney for the United States
Option C: The Supreme Court Justice deciding the case
I wrote the document as part of this assignment.
The document was written in October 2021.
The legal measures announced in the document are the suspension of habeas corpus in certain situations and the ability to hold individuals in military detention.
The two reasons given for the measures are the need to protect national security during times of crisis and the belief that certain individuals pose a threat to public safety.
As the Attorney for Mr. Milligan, I would argue that President Lincoln did not have the power to hold Mr. Milligan and try him in a military court. I would point to the Constitution, specifically the Fifth Amendment, which guarantees the right to due process and a fair trial. I would argue that trying Mr. Milligan in a military court violated his constitutional rights and set a dangerous precedent for the erosion of civil liberties.
If taking the role of the Attorney for the United States, I would argue that President Lincoln did have the Constitutional authority to hold Mr. Milligan and try him in a military court. I would point to Article II of the Constitution, which grants the President the power to protect national security and take necessary actions to preserve public safety. I would argue that in times of crisis, such as during the Civil War, extraordinary measures may be necessary to ensure the safety and security of the nation.
As the Supreme Court Justice deciding the case, I would carefully consider the arguments presented by both sides and weigh them against the principles outlined in the Constitution. I would need to determine whether President Lincoln's actions were justified in the context of national security and public safety, or whether they violated Mr. Milligan's constitutional rights to due process and a fair trial. I would need to carefully consider the implications of my decision on the balance of power between the federal government and individual rights.