Missouri
How Ex Parte Milligan applies in Missouri: state-specific rules, key cases, and bar exam notes for Military & National Security Law.
Missouri recognizes the principles established in Ex parte Milligan regarding the limits of military jurisdiction and due process rights for civilians. The state values the protection of civil liberties and restricts military tribunals in cases where civil courts are available.
In Missouri, military tribunals cannot be utilized to try civilians when civilian courts are open and functioning, in accordance with the principles from Ex parte Milligan.
The court emphasized that due process rights cannot be overridden by military necessity in a civilian context.
Held that a defendant’s rights under the Missouri Constitution cannot be suspended in times of war, aligning with Milligan's reasoning.
Reiterated that military tribunals are illegitimate for civilians, reinforcing the importance of constitutional protections.
Missouri's approach mirrors the federal standard set by Ex parte Milligan, emphasizing that military tribunals lack jurisdiction over civilians when courts are operational. However, Missouri courts may more readily incorporate state constitutional protections into their reasoning.
Ex parte Milligan principles may come up in Missouri bar exams, especially in questions relating to the jurisdiction of military courts and the rights of individuals during periods of national crisis.