This Civil War case explores the idea of civilians facing military tribunals.  Milligan was part of a group of Civil War dissenters.  They were northern Democrats charged with conspiracy to overthrow the government, lead an insurrection and in general thwart Union efforts in the War.  Pres. Lincoln had suspended the writ of habeas corpus and declared martial law in areas with many protesters.  Arrested with his co-conspirators, the military court sentenced Milligan to hang. The Supreme Court will set the precedent that civilians cannot be judged in military courts as long as civilian courts are in session.

Supreme Court 5 - Ex Parte Milligan 1866

American History is discussed and reviewed with cause and effect relationships and long term implications. This is part of a larger series of podcasts and videos available at www.buschistory.net and also available on You Tube under Buschistory.

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This episode chronicles events during the Obama administration.  It includes the Great Recession, the various domestic programs employed to get the U.S. out of the recession, DACA, The Affordable Care Act, various credit and banking reforms, and efforts to mitigate the deficit and debt.  Foreign policy includes relations with Cuba, Iran, Iraq, Afghanistan, Russia, etc.

The Obama Administration

This first amendment case deals with the ability of the Federal government to restrain the press from printing information that the government deems damaging.   In this case Daniel Ellsberg is providing research to the New York Times and the Washington Post about lies, incompetence, and the Vietnam war.  The articles in both the Times and the Post, show that the US government  lied to the American people about the conduct and status of the Vietnam War.    The Nixon administration tried to stop the publication of the articles.

Supreme Court 13  The New York Times V The United States

What are a woman's rights when it comes to her body - in this case abortion.  As controversial case as any - the Supreme court must decide if the 14th Amendment's  Due Process clause extends to a woman's right to have an abortion.  The decision favored Roe in this landmark case.  With the ruling the controversy did not die.  Some  states continue to reexamine the decision and seek greater restrictions on abortion.

Supreme Court 14 Roe V Wade 1973

The classic First Amendment case.  Do students surrender their right of free speech and expression when they enter the school building?  The 7-2 decision will affirm that freedom of expression is protected under the First Amendment, and it extends to students in public schools.

Supreme Court 12 Tinker v Des Moines 1969

This is the landmark case that decides the rights of the accused.  Miranda confessed - doesn't that make him guilty?   One would think - but what if the proper procedure wasn't followed?  What if he didn't know he had the right to remain silent?   That is the focus of this very important case.  A 5-4 decision for Miranda adds to the controversy.

Supreme Court 5 - Ex Parte Milligan 1866

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