Supreme Ct. 11-8

Supreme Ct. 11-8 - Do the justices behave strategically in...

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Do the justices behave strategically in light of the preferences of the elected branches? Presidential war power o The case of Lincoln Civil War: In response to firing on Ft. Sumter… Lincoln created a naval blockade The Prize cases (1863) o A number of ships attempted to get through the blockade, but were seized as “prizes of the war” o The union took control of these ships o Lincoln’s authority to impose the blockade was challenged, which the Supreme Court reviewed, but said that the president has an inherent authority to issue military orders that RESPOND to an attack. Ex Parte Milligan (1866) o Milligan was thought to have given information to the confederacy o He was tried not in a civilian court, but in a military court, which he challenged saying that federal government didn’t have the authority to try him in a military court o Lincoln authorized these military trials o Court said that the president does not have this authority as long as the civil courts are open and running o The case of FDR World War II Korematsu v. US o West coast has a significant Asian population, some of which were
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Supreme Ct. 11-8 - Do the justices behave strategically in...

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