Reading questions for Wednesday, September 12


Ex parte Milligan

  1.  Why was it wrong to try Milligan in a military tribunal?
  2.  Why is it acceptable to try military personnel in a military tribunal?  What’s different about their situation?
  3. The government argues that the exigent circumstances of war justify use of military commissions.  What is the Court’s response?
  4.  According to the Court, under what circumstances could martial law be used?