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Legal Commentary

: The Volokh Conspiracy

Well, That?s Comforting

By David Bernstein

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(David Bernstein)

From the concurring opinion of four Justice in Ex Parte Milligan (1866), arguing that Congress has the power to establish domestic military tribunals for certain crimes during wartime: 

We have no apprehension that this power, under our American system of government, in which all official authority is derived from the people, and exercised under direct responsibility to the people, is more likely to be abused than the power to regulate commerce, or the power to borrow money.


Full post as published by The Volokh Conspiracy on September 06, 2010 (boomark / email).

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