The Constitution of the
United States is a law for rulers and people, equally in war and peace and
covers with the shield of its protection all classes of men, at all
times, and under all circumstances.
No doctrine, involving more pernicious consequences,
was ever invented by the wit of man than that any of its provisions
can be suspended during any of the great exigencies
of government. Such a doctrine leads
directly to anarchy or despotism, but the theory of
necessity upon which it is based is false, for the Government, within
the Constitution, has all the powers granted to it, which are necessary to preserve
its existence; as has been happily proved by the result of the great effort to
throw off its just authority.
--David Davis (1815-1886)
U.S. Supreme Court Justice
Ex Parte Milligan, 4 Wallace 2 (1866).