...congressional authorization, is thus directly denied by the entire court. The majority of the court say: "Martial rule can never exist where the courts are open and in the proper and uninterrupted exercise of their jurisdiction. It is also confined to the locality of actual war. Because...

...necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of...It is also confined to the locality of actual war. Because, during the late rel>ellion it could have been enforced in Virginia, where the national authority...

...necessity creates the rule, so it limits its duration ; for, if this government is continued after the courts are reinstated, it is a gross usurpation of...It is also confined to the locality of actual war. Because during the late Rebellion it could not have been enforced in Virginia, where the national authority...

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...liberty, and overturned the whole legal theory underlying their arrest and trial. The Court held that " Martial rule can never exist where the courts are...and in the proper and unobstructed exercise of their jurisdiction."1 Also that " the suspension of the writ does lEr Park, Milligan, 4 Wallace. 2. •not...

...liberty, and overturned the whole legal theory underlying their arrest and trial. The Court held that "martial rule can never exist where the courts are open, and in the proper and unobstructive exercise of their jurisdiction." * Also that ' ' the suspension of the writ does not...

...every one accused of crime, who is not attached to the army, or navy, or militia in actual service. Martial rule can never exist where the courts are...It is also confined to the locality of actual war. Ex parte Milligan, 71 US 4 "Wall. 2, 18 L. ed. 281. The case last above cited must ever be regarded...

...measure and unconstitutional; that martial rule is confined to the locality of actual war, and could never exist where the courts are open and in the proper and unobstructed exercise of their functions.— Hare (Am. Const. Law, I. 507) says that, If Patrick Henry could have foreseen the opinion...

...occasion and field? A. Martial law is confined to the locality of actual war; it can never exist when the courts are open, and in the proper and unobstructed exercise of their jurisdiction. 398. Q. What are the limitations of martial law ? A. The employment of martial law has been likened...

...invasion real, such as effectually closes the courts and deposes the civil administration." " Martiai law can never exist where the courts are open, and in the proper and unmolested exercise of their jurisdiction. It is also confined to the locality of actual war." Had...