"Martial law cannot arise from a threatened invasion. The necessity must be actual and present; the invasion real, such as effectually closes the courts and deposes the civil administration." — Ex parte Milligan, U.S. Supreme Court, 1866
The Court's ruling in Milligan most directly limited:
- A
Presidential authority to issue executive orders
- B
Congressional power to suspend habeas corpus
- C
Federal jurisdiction over interstate commerce disputes
- Dcheck_circle
The use of military tribunals to try civilians where civil courts remained open
Explanation
Milligan held that civilians could not be tried by military tribunals where civil courts were functioning—a limitation on wartime executive power that became significant for Reconstruction policy debates.