Tag: Martial Law
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War Crimes
Articles of War: World War II CrimesAs a matter of fact, in General Yamashita's case,1 which was brought after the termination of hostilities for alleged "war crimes," the Court abandoned its restrictive conception altogether. In the wo…
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Preventive Martial Law
Preventive Martial Law (Presidential Duties and Powers)The question of executive power in the presence of civil disorder is dealt with in modern terms in Moyer v. Peabody,1 to which the Debs case 2 ma…
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September 11
Articles of War: Response to the Attacks of September 11, 2001In response to the September 11, 2001, terrorist attacks on New York City's World Trade Center and the Pentagon in Washington, D.C., Congress passed the "Authorization for Use of Military Force," <a name=t1 href=#f1 target=&…
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Martial Law
Martial Law and Constitutional LimitationsTwo theories of martial law are reflected in decisions of the Supreme Court. The first, which stems from the Petition of Right, 1628, provides that the common law knows no such thing as martial law; 1 that is…
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Nazi Saboteurs
Articles of War: The Nazi SaboteursIn 1942 eight youths, seven Germans and one an American, all of whom had received training in sabotage in Berlin, were brought to this country aboard two German submarines and put ashore, one group on the Florida coast, the other on Long Island, with the idea that …
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Debs Case
The Debs CaseThe Debs case of 1895 arose out of a railway strike which had caused the President to dispatch troops to Chicago the previous year. Coincidentally with this move, the United States district attorney stationed there, acting upon orders from Washington, obtained an injunction from the Uni…
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Debs Case Today
Present Status of the Debs CaseInsofar as the use of injunctive relief in labor disputes is concerned, enactment of the Norris- LaGuardia Act 1 placed substantial restrictions on the power of federal courts to issue injunctions in such situations. Th…
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Domestic Disorder
Martial Law and Domestic DisorderPresident Washington himself took command of state militia called into federal service to quell the Whiskey Rebellion, but there were not too many occasions subsequently in which federal troops or state militia called into federal service were required.<a name=t1 hre…