"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 ruling can be most directly compared to which earlier wartime controversy?
- A
Andrew Jackson's removal of Bank of the U.S. deposits
- Bcheck_circle
Lincoln's suspension of habeas corpus and the Merryman case
- C
Polk's war message after the Thornton Affair
- D
The Alien and Sedition Acts of 1798
Explanation
Milligan revisited the same constitutional terrain as Chief Justice Taney's Merryman ruling against Lincoln's habeas suspension—both addressing the limits of executive emergency power over civilian liberties.