In the 1866 case of Ex Parte Milligan the U.S. Supreme Court ruled that the Lincoln administration’s practice of suspending the writ of habeas corpus and mass arresting tens of thousands of Northern-state political critics and imprisoning them either without any trial or by a military tribunal was unconstitutional. The majority opinion, written by Lincoln appointee (and confidant) Judge David Davis, said the following:
“The Constitution of the United States is a law for rulers and people, equally in war and peace, and it covers with its shield of protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of men that any of its great provisions can be suspended during any of the great exigencies of Government” (emphasis added).
Like a flu virus, for example. In other words, the Supreme Court said that it is precisely in times of “national emergencies” that civil liberties must be most strongly defended and protected, for tyrants are always tempted to use “great exigencies of Government,” real or fabricated, to “justify” dictatorial powers.
10:26 am on March 26, 2020
