Ex Parte Milligan Reconsidered : Race and Civil Liberties From the Lincoln Administration to the War on Terror
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| Title: | Ex Parte Milligan Reconsidered : Race and Civil Liberties From the Lincoln Administration to the War on Terror |
|---|---|
| Description: | At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own.After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party's abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration's record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today's war on terror. |
| Authors: | Stewart L. Winger, Jonathan W. White |
| Resource Type: | eBook. |
| Subjects: | Civil supremacy over the military--United States--History--Congresses, Courts-martial and courts of inquiry--United States--History--Congresses, Executive power--United States--History--Congresses, War and emergency powers--United States--Congresses, Civil rights--United States--History--Congresses, War on Terrorism, 2001-2009--Congresses |
| Categories: | POLITICAL SCIENCE / American Government / Judicial Branch, HISTORY / United States / Civil War Period (1850-1877), POLITICAL SCIENCE / Constitutions |
| Database: | eBook Collection (EBSCOhost) |
| FullText | Links: – Type: ebook-epub Text: Availability: 0 |
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| Header | DbId: nlebk DbLabel: eBook Collection (EBSCOhost) An: 3610628 RelevancyScore: 1097 AccessLevel: 6 PubType: eBook PubTypeId: ebook PreciseRelevancyScore: 1096.64697265625 |
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| Items | – Name: Title Label: Title Group: Ti Data: Ex Parte Milligan Reconsidered : Race and Civil Liberties From the Lincoln Administration to the War on Terror – Name: Abstract Label: Description Group: Ab Data: At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own.After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party's abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration's record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today's war on terror. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Stewart+L%2E+Winger%22">Stewart L. Winger</searchLink><br /><searchLink fieldCode="AR" term="%22Jonathan+W%2E+White%22">Jonathan W. White</searchLink> – Name: TypePub Label: Resource Type Group: TypPub Data: eBook. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22Civil+supremacy+over+the+military--United+States--History--Congresses%22">Civil supremacy over the military--United States--History--Congresses</searchLink><br /><searchLink fieldCode="DE" term="%22Courts-martial+and+courts+of+inquiry--United+States--History--Congresses%22">Courts-martial and courts of inquiry--United States--History--Congresses</searchLink><br /><searchLink fieldCode="DE" term="%22Executive+power--United+States--History--Congresses%22">Executive power--United States--History--Congresses</searchLink><br /><searchLink fieldCode="DE" term="%22War+and+emergency+powers--United+States--Congresses%22">War and emergency powers--United States--Congresses</searchLink><br /><searchLink fieldCode="DE" term="%22Civil+rights--United+States--History--Congresses%22">Civil rights--United States--History--Congresses</searchLink><br /><searchLink fieldCode="DE" term="%22War+on+Terrorism%2C+2001-2009--Congresses%22">War on Terrorism, 2001-2009--Congresses</searchLink> – Name: SubjectBISAC Label: Categories Group: Su Data: <searchLink fieldCode="ZK" term="%22POLITICAL+SCIENCE+%2F+American+Government+%2F+Judicial+Branch%22">POLITICAL SCIENCE / American Government / Judicial Branch</searchLink><br /><searchLink fieldCode="ZK" term="%22HISTORY+%2F+United+States+%2F+Civil+War+Period+%281850-1877%29%22">HISTORY / United States / Civil War Period (1850-1877)</searchLink><br /><searchLink fieldCode="ZK" term="%22POLITICAL+SCIENCE+%2F+Constitutions%22">POLITICAL SCIENCE / Constitutions</searchLink> |
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| RecordInfo | BibRecord: BibEntity: Classifications: – Code: 343.730143 Scheme: ddc Type: prePub Languages: – Code: eng Text: English Subjects: – SubjectFull: Civil supremacy over the military--United States--History--Congresses Type: general – SubjectFull: Courts-martial and courts of inquiry--United States--History--Congresses Type: general – SubjectFull: Executive power--United States--History--Congresses Type: general – SubjectFull: War and emergency powers--United States--Congresses Type: general – SubjectFull: Civil rights--United States--History--Congresses Type: general – SubjectFull: War on Terrorism, 2001-2009--Congresses Type: general Titles: – TitleFull: Ex Parte Milligan Reconsidered : Race and Civil Liberties From the Lincoln Administration to the War on Terror Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Stewart L. Winger – PersonEntity: Name: NameFull: Jonathan W. White – PersonEntity: Name: NameFull: Stewart L. Winger – PersonEntity: Name: NameFull: Jonathan W. White IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 01 Type: published Y: 2020 – D: 30 M: 07 Type: profile Y: 2025 Identifiers: – Type: isbn-print Value: 9780700629367 – Type: isbn-electronic Value: 9780700629374 Titles: – TitleFull: Ex Parte Milligan Reconsidered : Race and Civil Liberties From the Lincoln Administration to the War on Terror Type: main |
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