Connecticut
How Ex parte Milligan applies in Connecticut: state-specific rules, key cases, and bar exam notes for Military & National Security Law.
Connecticut adheres to the principles established in Ex parte Milligan, emphasizing the protection of civil liberties even during times of crisis. The state prioritizes judicial review in cases involving military jurisdiction over civilians.
In Connecticut, military tribunals are not permitted to try civilians when civil courts are open and operational, upholding the fundamental rights guaranteed by both state and federal constitutions.
The court ruled that individuals charged with war-related offenses must be tried in civilian courts if those courts are functioning, reflecting the Milligan doctrine.
This case reaffirmed that military jurisdiction over civilians is unconstitutional when civil courts are accessible.
The court found that military commissions lack authority over civilians during peacetime according to Milligan's precedent.
Connecticut's application of Milligan follows federal standards but places additional emphasis on the role of state courts in protecting civil liberties. Unlike at the federal level, where military jurisdiction can sometimes shift more easily, Connecticut upholds stricter scrutiny when relying on such authority.
Knowledge of the principles established in Ex parte Milligan is essential for Connecticut bar exam candidates, especially in questions related to military law and civil liberties.