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Ex parte Milligan, 71 US 2 (1866)

"Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offense, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service. And Congress could not invest them with any such power."
Ex Parte Milligan case of 1866

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Q: What US Supreme Court ruling held military tribunals could not try civilians when civilian courts were open?
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Which is supreme between civilian authority and military authority during times of martial law?

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In our system of checks and balances we keep control over the military by having civilians overseeing the military to keep them from being too powerful and overthrowing the government, civilians approve the budget for each service and a civilian is the head of each branch of the service.


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The powers of Congress include the right to constitute tribunals?

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The powers of Congress include the right to constitute tribunals what to the what?

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Is the US Constitution fully applicable in a military base as a US territory?

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