EX PARTE MILLIGAN
Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court.
Does a civil court have jurisdiction over a military tribunal?
Legal provision: US Const. Amend 5
Davis, speaking for the Court, held that trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating.