Oxford Reference Search Results

Duncan v. Kahanamoku   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

... v. Kahanamoku , 327 U.S. 304 ( 1946 ), argued 7 Dec. 1945 , decided 25 Feb. 1946 by vote of 6 to 2; black for the Court, Murphy and Stone concurring, Burton and Frankfurter in dissent, Jackson absent. The Duncan case is often associated with the Japanese exclusion cases ( Hirabayashi v. United States , 1943 ; Korematsu v. United States , 1944 ; and Ex parte Endo , 1944 ) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority. After the attack on Pearl Harbor by Japanese naval forces...

Duncan v. Kahanamoku   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

... v. Kahanamoku , 327 U.S. 304 ( 1946 ), argued 7 Dec. 1945 , decided 25 Feb. 1946 by vote of 6 to 2; Black for the Court, Murphy and Stone concurring, Burton and Frankfurter in dissent, Jackson absent. The Duncan case is often associated with the Japanese exclusion cases ( Hirabayashi v. United States , 1943 ; Korematsu v. United States , 1944 ; and Ex parte Endo , 1944 ) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority. After the attack on Pearl Harbor by Japanese naval forces on 7...

Milligan, Ex parte   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

...some have criticized Milligan , arguing that by categorically prohibiting imposition of martial law when the civil courts are open, it unduly limited the government's ability to protect national security. The Court itself has not always followed Milligan . In Duncan v. Kahanamoku ( 1946 ), a case challenging the imposition of martial law in Hawaii during World War II, the Court ruled against the government. The majority, however, rested its decision on congressional legislation governing Hawaii rather than on the constitutional principles...

Habeas Corpus   Reference library

David Fellman

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...suspensions in 1871 and 1905 . A presidential suspension in Hawaii in 1941 , however, which was performed without statutory authorization, was ruled illegal by the Supreme Court in Duncan v. Kahanamoku ( 1946 ). The granting of habeas corpus writs by federal courts to state prisoners has been resented by many state authorities. Perhaps this explains why, in Stone v. Powell ( 1976 ), the Supreme Court, by a vote of 6 to 3, held that where a state prisoner has had a chance to litigate a Fourth Amendment search and seizure claim fully and fairly in...

Milligan, Ex Parte   Reference library

Donald G. Nieman

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...some have criticized Milligan , arguing that by categorically prohibiting imposition of martial law when the civil courts are open, it unduly limited the government's ability to protect national security. The Court itself has not always followed Milligan . In Duncan v. Kahanamoku ( 1946 ), a case challenging the imposition of martial law in Hawaii during World War II , the Court ruled against the government. The majority, however, rested its decision on congressional legislation governing Hawaii rather than on the constitutional principles...

Martial Law   Reference library

The Oxford Companion to American Law

...presidential action, but subordinate federal officers, both military and civilian, have invoked martial law powers. The most famous incident involved the suspension of habeas corpus and establishment of military commissions by the governor of Hawaii in World War II. In Duncan v. Kahanamoku ( 1946 ), the last martial law case decided by the Court, seven justices agreed that, under the circumstances, the governor had exceeded his authority. They did not agree on the criteria to be used in deciding such cases. Many instances described as the imposition of...

World War II   Reference library

Michal R. Belknap

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...The Court's decision in Duncan v. Kahanamoku ( 1946 ) also did little to protect civil liberties. At issue was the imposition of martial law in the Territory of Hawaii. The Supreme Court ruled that establishing military tribunals to try civilians there had been illegal, but it based its decision on the failure of the armed forces to comply with the provisions of the Hawaiian Organic Act rather than on the constitutional provision governing suspension of the writ of habeas corpus . Furthermore, the Court did not decide Duncan until two years after the...

Presidential Emergency Powers   Reference library

Donald L. Robinson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...granted to it which are necessary to preserve its existence” (p. 295). In the twentieth century Duncan v. Kahanamoku ( 1946 ), holding the wartime imposition of martial law in Hawaii unconstitutional, was a similar effort to restore constitutional protections after fighting stopped ( see Military Trials and Martial Law ). The same view was expressed even more emphatically by Chief Justice Charles Evans Hughes , in Home Building and Loan Association v. Blaisdell ( 1934 ): “The Constitution was adopted in a period of grave emergency. Its grants of...

War   Reference library

Thomas O. Sargentich

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...had ceased. The same happened in Duncan v. Kahanamoku ( 1946 ), which after World War II reaffirmed Milligan. World War I The dominant pattern was repeated during World War I , when President Woodrow Wilson closed German wireless stations and created a host of administrative boards before the declaration of war. Numerous statutes also delegated broad authority to the president during World War I, of which a few were challenged in court. The Court in 1918 upheld the Selective Service Act in Arver v. United States ( see Selective Draft Law...

National Security   Reference library

Donald L. Robinson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

...( Ex parte Milligan , 1866 ). Similarly, during World War II , the Supreme Court found no constitutional obstacle to the relocation and internment of Japanese‐American citizens ( Hirabayashi v. United States , 1943 ; Korematsu v. United States , 1944 ). Again, it was not until after the war that the Court sought to repair the damage ( Duncan v. Kahanamoku , 1946 ). The issue of judicial restraint on presidential power in the field of national security arose again in 2004 , when the Court ruled, on a procedural issue, that detainees at...

Military Tribunals   Reference library

The Oxford International Encyclopedia of Legal History

...martial law and suspended the writ of habeas corpus. The civil courts closed and martial law remained in effect until the autumn of 1944 , when it was lifted by presidential proclamation. When a challenge to the governor's actions finally reached the Supreme Court in Duncan v. Kahanamoku , 327 U.S. 304 ( 1946 ), the Court found that military rule had lasted too long to be legal, signaling that the Court would seek to limit martial law even during periods of national emergency. This two-and-a-half year period of martial law subjected U.S. citizens and...

Justice, Military   Reference library

The Oxford Companion to American Military History

...authorized by the Uniform Code. When established in occupied territory and utilized to try cases involving local residents, these courts derive their authority from international law. Their authority over U.S. citizens was challenged in Ex parte Milligan ( 1866 ) and Duncan v. Kahanamoku ( 1946 ), in which majorities of the Supreme Court held that jurisdiction could not be exercised in areas where U.S. civil courts were open and functioning. However, in Ex parte Quirin ( 1942 ), a case involving Nazi saboteurs, a majority of the Court approved of a...

Justice, Military   Reference library

Michael Noone, Jonathan Lurie, Michael Noone, Timothy J. Lynch, John Whiteclay Chambers, Timothy J. Lynch, Michael Noone, Timothy J. Lynch, Michael Noone, John Whiteclay Chambers, and Timothy J. Lynch

The Oxford Encyclopedia of American Military and Diplomatic History

...still authorized by the Uniform Code. When established in occupied territory and used to try cases involving local residents, these courts derive their authority from international law. Their authority over U.S. citizens was challenged in Ex parte Milligan ( 1866 ) and Duncan v. Kahanamoku ( 1946 ), in which majorities of the Supreme Court held that jurisdiction could not be exercised in areas where U.S. civil courts were open and functioning. However, in Ex parte Quirin ( 1942 ), a case involving Nazi saboteurs, a majority of the Court approved of a...