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Index/Topics/U.S. Courts and Presidential Emergency Measures

U.S. Courts and Presidential Emergency Measures

The role of U.S. courts in policing presidential emergency measures and their impact on civil liberties, including the development of doctrinal tools and the balance between executive power and constitutional protections.

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Jan 17, 2026

How have U.S. courts ruled on past presidential emergency measures that affected civil liberties (e.g., Ex parte Milligan, Korematsu)?

U.S. courts have played a mixed but decisive role in policing presidential emergency measures that impinge on civil liberties: at times they have struck down executive excess (Ex parte Milligan, Young...