Category: Constitutional Rights In Wartime
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Prizes of War
Prizes of War (Constitutional Rights In Wartime)The power of Congress with respect to prizes is plenary; no one can have any interest in prizes captured except by permission of Congress.1 Nevertheless, since international law is a part of our law, th…
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Military Operations
Theater of Military Operations (Constitutional Rights In Wartime)Military law to the exclusion of constitutional limitations otherwise applicable is the rule in the areas in which military operations are taking place. This view was assumed by all members of the Court in Ex parte Milligan,<a name=t1 …
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Enemy Country
Enemy Country (Constitutional Rights In Wartime)It has seemed reasonably clear that the Constitution does not follow the advancing troops into conquered territory. Persons in such territory have been held entirely beyond the reach of constitutional limitations and subject to the laws of war as inter…
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Enemy Property
Enemy Property (Constitutional Rights In Wartime)In Brown v. United States,1 Chief Justice Marshall dealt definitively with the legal position of enemy property during wartime. He held that the mere declaration of war by Congress does not effect a co…