ABSTRACT

Ex Parte Milligan is an important case, not only because it showed the Court’s willingness to limit presidential authority, but also because of present-day ramifications. The ruling, which set clear limits on the president’s power to suspend habeas corpus, bears reviewing in times when presidents are most likely to exercise their wartime powers. Alfred Vanderjack flinched again, this time hard enough to hit the back of his head on the stone wall to which his iron bed was anchored. The Supreme Court decided to hear the case, and against the dissent of Chief Justice Salmon P. Chase, overturned Milligan’s conviction. The court reasoned that martial law could only be put into effect if the state or location had been invaded by hostile forces.