12-06-2021, 03:31 PM
(This post was last modified: 12-06-2021, 03:45 PM by jasper2408.)
Here is a link that has the whole case. There are page numbers inside the text so you can keep track of where you are at. I did not try and download the .pdf file.
https://casetext.com/case/ex-parte-milli...ER_GROUP=P
Grayfox,
This case came about because the military said that Indiana was under martial law at the time and Abraham Lincoln(Federal government) suspended habeas corpus for this case and state even though the state was not under siege by the Confederates. So both the military and the Federal government was told to go pound sand with this decision. What came out of this case was that the Federal government doesn't have the power to make up an emergency to fit there needs. This case did not affect the Martial Law or suspension of habeas corpus in the south after the civil war because that was considered a land under siege.
The most recent court decision that comes to mind that might be related to this is the one where the Biden Vax mandate got struck down because the President
cannot make up laws on a federal government perceived emergency and that the constitution does not give him the power to do what they tried to do. It will be interesting to see when this hits the SCOTUS, if it does, to see what reason they give for their decision.
https://casetext.com/case/ex-parte-milli...ER_GROUP=P
Grayfox,
This case came about because the military said that Indiana was under martial law at the time and Abraham Lincoln(Federal government) suspended habeas corpus for this case and state even though the state was not under siege by the Confederates. So both the military and the Federal government was told to go pound sand with this decision. What came out of this case was that the Federal government doesn't have the power to make up an emergency to fit there needs. This case did not affect the Martial Law or suspension of habeas corpus in the south after the civil war because that was considered a land under siege.
The most recent court decision that comes to mind that might be related to this is the one where the Biden Vax mandate got struck down because the President
cannot make up laws on a federal government perceived emergency and that the constitution does not give him the power to do what they tried to do. It will be interesting to see when this hits the SCOTUS, if it does, to see what reason they give for their decision.