...rulers and people, equally in war and in peace, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by...during any of the great exigencies of government." The price for uttering these noble phrases was, according to Supreme Court historian Charles Warren,...

...was helpless in the face of a war crisis, harring the allowance of a theory of power hy necessity; "for the government, within the Constitution, has...it, which are necessary to preserve its existence; . . ,"1s This, then, was the system of the Milligan majority: That the power 73 Supra note 8, at 125....

...its protection all classes of men at all times, and under all circumstances. No doctrine, involving more pernicious consequences was ever invented by...which are necessary to preserve its existence, as has been happily proved by the result of the great effort to throw off its just authority. Especially...

...the courts were open. Referring to the constitution in general, he wrote: ‘No doctrine, involving more pernicious consequences, was ever invented by...during any of the great exigencies of government.' As for court-martial trials, ‘Congress could grant no such power; and to the honor of our national...

...classes of men, at all times, and under all circumstances," the opinion stated. "No doctrine, involving more pernicious consequences, was ever invented by...be suspended during any of the great exigencies of government."158 IV. Despite the embarrassments and recklessness of the repression in the Civil War...

...its protection all classes of men, at all times and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by...it which are necessary to preserve its existence. . . . Keywords: Anarchy, Constitution, Despotism, Exigencies, Uniformity Justice Nathan Clifford, dissenting...

...its protection all classes of men, at all times, and under all cireumstances. No doctrine, involving more pernicious consequences, was ever invented by...during any of the great exigencies of government." The merits, wrote Davis, were plain from the words of the Constitution. "Every trial involves the exercise...

...Ed. 281, 295-302. risk of evil or unwise leaders, unlike Lincoln, and wrote: "No doctrine, involving more pernicious consequences, was ever invented by...during any of the great exigencies of government." Finally, it will be recalled that Lincoln had relied on the language of the Constitution's authorization...

...(Lawrence: University Press of Kansas, 1994), p. 400. 147Neally, Jr., The Fate of Liberty , pp. 10, 23. 283 man than that any of its provisions can be suspended during any of the great exigencies of government.148 Lincoln had numerous members of the state legislature of Maryland arrested and placed...

...its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by...leads directly to anarchy or despotism, but the theory on which it is based is false ; for the government, within the Constitution, has all the powers granted...