Handout D: Case Briefing Sheet

Handout D: Case Briefing Sheet

Directions: Use the chart below to help you prepare to try the case of Mr. Milligan.

Who are you? (Circle One)

• Attorney for Mr. Milligan (arguing NO)
• Attorney for the U.S. (arguing YES)
• Supreme Court Justice (deciding the case)

Constitutional Question

Even though Congress authorized the President to suspend habeas corpus with the passage of the Habeas Corpus Act in 1863, did the President have the power to hold Mr. Milligan and try him a military court?

Does this support my case? Why or why not?

• Article I, Section 8 and 9
• Article II, Section 2
• Article II, Section 3
• The Sixth Amendment
• Other information: e.g. history, precedent