...usurpation of power. Miirtial rule can never exist where the courts are open, and iu the proper and unobstructed exercise of their jurisdiction. It is...war. Because, during the late Rebellion it could have boon enforced in Virginia, whore the national authority was overturned and the courts driven out, it...

...usurpation of power. Martial rale can never exist where the coorti are open, and in tbe proper and unobstructed exercise of their jurisdiction. It is...confined to the locality of actual war. Because, during tbe Uto Rebellion it could have been enforced in Virginia, wher* tho national authority was overturned...

...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war * * *«< The Chief Justice and three other Justices with him agreed with the decision of the Court...

...usurpation of power. Martial rule can never exist where the courts are open, ar. in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of aetusi war." However, even with the limitation on the us of martial rule as set forth in MiUigcM, the...

...Court reasoned that "{m]artial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."1" The Court in Millsgan delineated the conditions under which martial law may properly be imposed:...

...usurpation of power. . . . Because, during the late Rebellion [martial rule] could have been enforeed in Virginia, where the national authority was overturned and the courts driven out, it does " Id. at 122-23 (quoting US CONST, amend. VI). " Id. at 123 (quoting US CONST, amend. V). " See Dynes...

..."martial law can never exist when the courts are open, and in the proper and unobstructed exercises of their jurisdiction. It is also confined to the locality of actual war." The opinion became one of the bulwarks of American liberty and fully vindicated the president's opposition...

...gross distortion of power. Martial rule can never exist where courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is...to the locality of actual war. Because, during the [Civil War] it could have been enforced in Virginia, where the national authority was overturned and...

...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war. (4 Wallace 2) Under this ruling, martial law must be confined to the locality of the real war and only...

...usurpation of power. Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war."78 The necessity must be actual and present; and the crisis must effectively close the courts....