presidential elections during war time

[cwelsch]

There was scattered talk during the Civil War and World War II of suspending elections "for the duration," but Lincoln insisted on holding elections.  FDR had a little less lattitude for suspending elections despite the same vague talk, and obviously they were held.

Presidential re-election during war-time is a political maxim, not a constitutional arrangement.  Thank God.  This isn't Ancient Rome.

[cwelsch]

He was actually pretty insistent on it, although obviously he wasn't so democratic with, say, Maryland.

[cwelsch]

SCOTUS: ex parte milligan, 1866

Lincoln's act of martial law was unconstitutional.  They could not prosecute a civilian in military courts while the civilian courts were still in operation.