"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 decision raised concerns among Radical Republicans because it potentially:
- Acheck_circle
Threatened the constitutionality of military Reconstruction in Southern states
- B
Required immediate restoration of all Confederate property
- C
Invalidated the Thirteenth Amendment
- D
Authorized state nullification of federal law
Explanation
Radicals feared Milligan's logic could be applied to strike down military rule in the South, prompting Congress to enact jurisdictional measures (like in Ex parte McCardle) to protect Reconstruction.