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Ex parte Quirin
Supreme Court of the United States
Argued July 29 – 30, 1942
Decided July 31, 1942
Full case name: Ex parte Richard Quirin; Ex parte Herbert Hans Haupt; Ex parte Edward John Kerling; Ex parte Ernest Peter Burger; Ex parte Heinrich Harm Heinck; Ex parte Werner Thiel; Ex parte Hermann Otto Neubauer; United States ex rel. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Quirin v. Cox, Brig. Gen. , U. S. A. , Provost Marshal of the Military District of Washington, and 6 other cases.
Citations: 317 U.S. 1; 63 S. Ct. 2; 87 L. Ed. 3; 1942 U. S. LEXIS 1119
Prior history: Motion for leave to file petition for writs of habeas corpus denied, 47 F. Supp. 431 (D.D.C. 1942)
Holding
The Court upheld the jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States. The United States of America —commonly referred to as the A military tribunal is a kind of Military Court designed to try members of enemy forces during Wartime operating outside the scope of conventional Sabotage is a deliberate action aimed at weakening an enemy oppressor or employer through subversion obstruction disruption and/or destruction
Court membership
Chief Justice: Harlan Fiske Stone
Associate Justices: Owen Josephus Roberts, Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson, Wiley Blount Rutledge
Case opinions
Per curiam. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Hugo LaFayette Black (February 27 1886&ndashSeptember 25 1971 was an American politician and jurist. For the Indian newspaper editor and British politician see Stanley Reed. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. William Francis (Frank Murphy ( April 13, 1890 July 19, 1949) was a Politician and Jurist from Michigan. Robert Houghwout Jackson ( February 13, 1892 &ndash October 9, 1954) was United States Attorney General (1940&ndash1941 and an Wiley Blount Rutledge Jr ( July 20, 1894 - September 10, 1949) was a U
Majority by: Stone
Murphy took no part in the consideration or decision of the case.
Laws applied
U.S. Const.

Ex parte Quirin, 317 U.S. 1 (1942), is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States. The Constitution of the United States of America is the supreme Law of the United States. Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. The United States of America —commonly referred to as the A military tribunal is a kind of Military Court designed to try members of enemy forces during Wartime operating outside the scope of conventional Operation Pastorius was a failed plan for Sabotage via a series of attacks by Nazi German agents inside the United States. Sabotage is a deliberate action aimed at weakening an enemy oppressor or employer through subversion obstruction disruption and/or destruction Quirin has been cited as a precedent for the trial by military commission of any unlawful combatant against the United States. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial A military tribunal is a kind of Military Court designed to try members of enemy forces during Wartime operating outside the scope of conventional An unlawful combatant or unprivileged combatant/belligerent is a Civilian who directly engages in armed conflict under the International Humanitarian Law

It was argued July 29 and July 30, 1942 and decided July 31, 1942 with an extended opinion filed October 29, 1942. Events 1014 - Byzantine-Bulgarian Wars: Battle of Kleidion: Byzantine emperor Basil II inflicts a decisive defeat Events 1419 - First Defenestration of Prague. 1502 - Christopher Columbus lands at Guanaja in the Bay Islands off Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Events 30 BC - Battle of Alexandria: Mark Antony achieves a minor victory over Octavian 's forces but most of his army subsequently Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Events 437 - Valentinian III, Western Roman Emperor, marries Licinia Eudoxia, daughter of his cousin Theodosius II Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar.

This decision states:

“ …the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war An unlawful combatant or unprivileged combatant/belligerent is a Civilian who directly engages in armed conflict under the International Humanitarian Law Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals. ”

Contents

Case

Background

Main article: Operation Pastorius

The eight men involved in the case were Ernest Peter Burger, George John Dasch, Herbert Hans Haupt, Heinrich Heinck, Edward Keiling, Herman Neubauer, Richard Quirin and Werner Thiel, Burger and Haupt being US citizens. Operation Pastorius was a failed plan for Sabotage via a series of attacks by Nazi German agents inside the United States. George John Dasch ( February 7, 1903 &ndash1992 was a German Spy and Saboteur who landed on Herbert Hans Haupt ( December 21, 1919 &ndash August 8, 1942) was a German-American United States citizen executed as an

All were born in Germany and all had lived in the United States. All returned to Germany between 1933 and 1941. After the declaration of war between the United States and the German Reich, they received training at a sabotage school near Berlin, where they were instructed in the use of explosives and in methods of secret writing. Berlin is the capital city and one of sixteen states of Germany.

Burger, Dasch, Heinck and Quirin traveled from occupied France by German submarine U-202 to Amagansett Beach, Long Island, New York, landing in the hours of darkness, on or about June 13, 1942. Vichy France, or the Vichy regime are the common terms used to describe the government of France from July 1940 to August 1944 U-boat is the anglicized version of the German word, itself an abbreviation of Unterseeboot ( undersea boat) and refers Amagansett, founded in 1680 is a hamlet and a Census-designated place in Suffolk County, New York on the South Shore of Long Island is an island located in southeastern New York, USA, its western shores directly across from Manhattan, from which the island stretches New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. The remaining four boarded German submarine U-584 which carried them from France to Ponte Vedra Beach, Florida. This page is for the community in Florida For other places see Pontevedra (disambiguation. On or about June 17, 1942, they came ashore during the hours of darkness. Events 1462 - Vlad III the Impaler attempts to assassinate Mehmed II ( The Night Attack) forcing him to retreat Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. All eight wore full or partial German uniforms, to ensure treatment as prisoners of war should they be captured on landing. The Long Island group was noticed by Coast Guard beach patrolman Frank Cullen, whom Dasch attempted to bribe with $260. Cullen returned to his station and sounded the alarm. The two groups promptly disposed of uniforms and proceeded in civilian dress to New York City and Jacksonville, Florida, respectively, and from there to other points in the United States. The City of New York All had received instructions in Germany from an officer of the German High Command to destroy war industries and war facilities in the United States, for which they or their relatives in Germany were to receive salary payments from the German Government.

Upon landing, Dasch and Burger turned themselves in to the Federal Bureau of Investigation with some difficulty, since the FBI did not believe them immediately. They convinced the FBI that they were telling the truth and the remaining six were taken into custody in New York and Chicago, Illinois by FBI agents. Chicago (ʃɪˈkɑːgoʊ is the largest City by population in the state of Illinois and the American Midwest of the United States. The FBI had no leads until Dasch gave his exaggerated and romanticized version in Washington DC.

Military Tribunal

President Franklin D. Roosevelt convened a secret military tribunal on July 2, 1942 which sentenced the eight men to death. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by Events 310 - Pope Miltiades is elected 626 - In fear of assassination Li Shimin ambushes and kills his rival Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. [1] The President later commuted the death sentences of Dasch and Burger to life in prison, as they had both confessed and assisted in capturing the others. Indeed, it was Dasch who approached the FBI, offering to turn the men in, which he then did. Burger was part of the plot to turn on the others and cooperated with the FBI extensively. Though all the men confessed, and gave full statements, the remaining six were executed by electrocution on August 8, 1942 in Washington, D.C. Dasch and Burger were released from prison in 1948 and deported to Germany. Execution by electrocution (usually referred to after its method of implementation as the Electric Chair) is an execution method originating in the United States in which the Events 1220 - Sweden is defeated by Estonian tribes in the Battle of Lihula. Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D Dasch spent the remaining years of his life trying to return to the U. S. One time, a visa application was sent to J. Edgar Hoover by the State Department on Dasch's behalf. Hoover stated that the idea of giving Dasch a visa was "outrageous" and promptly denied it.

Supreme Court Decision

The Supreme Court had issued its decision on July 31, 1942, but did not release a full opinion until October 29, 1942. Events 30 BC - Battle of Alexandria: Mark Antony achieves a minor victory over Octavian 's forces but most of his army subsequently Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Events 437 - Valentinian III, Western Roman Emperor, marries Licinia Eudoxia, daughter of his cousin Theodosius II Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar.

Decision Controversy

Although the court issued a unanimous opinion in Quirin, the road to the final decision was marked by disagreement. Justice Douglas noted that it was unfortunate that the court agreed to take the case. William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. He stated that “while it was easy to agree on the original per curiam, we almost fell apart when it came to write the views. "[1] Justice Stone, for his part, was very concerned with the court’s reputation, specifically because he did not want the court to be perceived as just standing by while six men were executed. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. He pushed for a unanimous opinion. Despite Justice Stone’s views, Justice Robert H. Jackson wrote a concurring draft opinion, expressing his disagreement with portions of the Court’s opinion. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Robert Houghwout Jackson ( February 13, 1892 &ndash October 9, 1954) was United States Attorney General (1940&ndash1941 and an Over time, his concurring draft got longer and longer and evolved into a typewritten memorandum. [2] This memorandum was written two years before his dissent in Korematsu v. United States and a decade before his famous concurrence in Youngstown Sheet & Tube Co. v. Sawyer. Korematsu v United States, 323 US 214 (1944 was a landmark United States Supreme Court case concerning the constitutionality of Executive Order Youngstown Sheet & Tube Co v Sawyer, 343 US 579 ( 1952) (also commonly referred to as The Steel Seizure Case), was a United It provides insight into Jackson’s views on the scope of the President's constitutional war powers.

Justice Jackson's Draft Opinion

In his draft opinion, Jackson grants sweeping powers to the President. He concludes that (1) the President has the inherent authority to create military tribunals, (2) this authority could not be regulated by Congress, and (3) this power was by virtue of the President’s power as commander in chief. A military tribunal is a kind of Military Court designed to try members of enemy forces during Wartime operating outside the scope of conventional [3]

Jackson states, “ I think the Court’s decision of the question whether it complied with the Articles of War is uncalled for. The history and the language of the Articles are to me a plain demonstration that they are clearly inapplicable to this case, and it is abundantly clear to me that it is well within the war powers of the President to create a non-statutory military tribunal of the sort here in question. "[3] He further states "The right to convene such an advisory committee of his staff as a ‘military commission’ for the discharge of his duties toward prisoners of war is one that follows from his position as commander in chief. "[3] Nonetheless, Jackson maintained that the President’s power should be "discharged, of course, in the light of any obligation undertaken by our country under treaties or conventions or under customs and usages so generally accepted as to constitute the laws of warfare. "[3]

More importantly, Jackson questioned the Court’s ability to review the President’s actions as well. He concluded that dealing with enemy prisoners of war was a foreign policy issue that touched upon issues of national security and political questions wholly out of the province of the judiciary. Jackson reasoned that granting enemy combatants individual rights against our military authorities would not be reciprocated in other countries.

Jackson thoughtfully analyzed both the purposes of the Articles of War and the history to conclude that Articles are not applicable to enemy combatants rather they were meant to protect U. S. civilians in times of military government. Although it would seem that his draft opinion is at odds with his later views of the President’s war powers (specifically in Youngstown Sheet & Tube Co. v. Sawyer in which he seems to interpret Congress’s ability to restrict the President’s powers rather generously) there are substantive differences between the two cases. Youngstown Sheet & Tube Co v Sawyer, 343 US 579 ( 1952) (also commonly referred to as The Steel Seizure Case), was a United Youngstown Sheet & Tube Co. v. Sawyer concerned an exercise of presidential power over a domestic matter against civilians, in an undeclared war. Youngstown Sheet & Tube Co v Sawyer, 343 US 579 ( 1952) (also commonly referred to as The Steel Seizure Case), was a United It was very different from the scenario present in Quirin in which the President seized enemy combatants and did not address the internal functioning of the government, much in the way that seizure in Youngstown Sheet & Tube Co. v. Sawyer did. Youngstown Sheet & Tube Co v Sawyer, 343 US 579 ( 1952) (also commonly referred to as The Steel Seizure Case), was a United

In Quirin, Jackson ultimately believed it was a mistake for the Court to review military judgments in times of war and he solidifies this position in his dissent in Korematsu v. United States. Korematsu v United States, 323 US 214 (1944 was a landmark United States Supreme Court case concerning the constitutionality of Executive Order In that case, he states "in the very nature of things military decisions are not susceptible of intelligent judicial appraisal. "[4] His dissent in Korematsu v. United States makes it clear that bringing military orders under the guise of the Constitution proves to be a dangerous precedent and the court should not execute nor review military orders. Korematsu v United States, 323 US 214 (1944 was a landmark United States Supreme Court case concerning the constitutionality of Executive Order He was afraid that the "emergency that justified the classification [in Korematsu v. United States] would eventually be forgotten, leaving the constitutionality of the classification as the lesson of the case. Korematsu v United States, 323 US 214 (1944 was a landmark United States Supreme Court case concerning the constitutionality of Executive Order "[5] He believed the court would never be able to perform its duty if it joined the executive in making constitutional shortcuts. [5] The judiciary should refrain from reviewing military orders that were both legal and extralegal. [5]

In the end, Justice Jackson withdrew his concurring opinion perhaps in response to Justice Stone or perhaps in response to Justice Felix Frankfurter’s Soliloquy. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court The Soliloquy was a bizarre memo addressed to the saboteurs in which Frankfurter urged the court to issue a single opinion. [2] Regardless of why he chose to withdraw the opinion, his memorandum offers insight into an issue which divided the Court and remains divisive today.

Quirin and the Guantanamo Bay Military Commissions

Main article: Unlawful combatant

Guantanamo Bay Cases

In the days after the Military Order on November 13, 2001 to try suspected terrorists, and particularly those detained at Guantanamo Bay, in Military Commissions, Ex Parte Quirin was frequently cited as the legal basis for the Order. An unlawful combatant or unprivileged combatant/belligerent is a Civilian who directly engages in armed conflict under the International Humanitarian Law Terrorism is the systematic use of terror especially as a means of coercion The Guantanamo Bay Detention Camp is a controversial United States Detention center operated by Joint Task Force Guantanamo since 2002 in Guantanamo A military tribunal is a kind of Military Court designed to try members of enemy forces during Wartime operating outside the scope of conventional Upon the capture of the Quirin saboteurs, President Roosevelt issued an Executive Order, upon which the Bush Order was putatively modeled, which authorized military commissions to try the captives for, among other things, violations of the law of war, for providing the enemy with intelligence and spying. executive order in the United States is a Directive issued by the President, the head of the executive branch of the federal government George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Intelligence (also called intellect) is an Umbrella term used to describe a property of the Mind that encompasses many related abilities such as the capacities

The Quirin decision held that extant legislation authorized the use of Military Commissions for the types of offences in question. While in Quirin there was a declaration of war and three Articles (15, 81 and 82) of the Articles of War, President Bush relies on a congressional Joint Resolution, which replaced a formal declaration of war under the War Powers Resolution, and two provisions of the Uniform Code of Military Justice, the successor to the Article of War. A declaration of war is a formal performative Speech act or signing of a document by an authorised party of a government in order to initate a state of War In the United States Congress, a joint resolution is a legislative measure that requires approval by the Senate and the House and is presented The War Powers Act of 1973 ( also referred to as the War Powers Resolution is a resolution of the Congress of The United States of America that stated that the President of The Uniform Code of Military Justice ( UCMJ,,) is the foundation of Military law in the United States.

The validity of this case as a basis for denying prisoners in the War on Terrorism protection by the Geneva Conventions has been disputed. The War on Terrorism (also known as the War on Terror) is the common term for the military political and legal, and ideological conflict and specifically for U The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian [6][7][8] A report by the American Bar Association commenting on this case, states:

The Quirin case, however, does not stand for the proposition that detainees may be held incommunicado and denied access to counsel; the defendants in Quirin were able to seek review and they were represented by counsel. The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific In Quirin, "The question for decision is whether the detention of petitioners for trial by Military Commission . . . is in conformity with the laws and Constitution of the United States. " Quirin, 317 U. S. at 18. Since the Supreme Court has decided that even enemy aliens not lawfully within the United States are entitled to review under the circumstances of Quirin, that right could hardly be denied to U. S. citizens and other persons lawfully present in the United States, especially when held without any charges at all. [9]

Since the 1942 Quirin case, the US signed and ratified the 1949 Geneva Conventions, which are, therefore, considered to be a part of U. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian S. municipal law, in accordance with Article 6, paragraph 2, of the Constitution of the United States (the Supremacy Clause). The Supremacy Clause is the common name given to Article VI Clause 2 of the United States Constitution, which readsThis Constitution and the Laws of the United [10] In addition the US Supreme Court invalidated this premise, in Hamdan v. Rumsfeld, by ruling that Common Article Three of the Geneva Conventions applies to detainees in the War on Terror, and that the Military Tribunals used to try these suspects were in violation of US and international law. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Hamdan v Rumsfeld, 548 US 557 (2006 is a case in which the Supreme Court of the United States held that military commissions set up by the Military commissions are among procedures planned by the US Bush administration to deal with Detainees it links to Al-Qaeda. [11]

See also

References

  1. ^ William O. Ex parte Milligan,, was a United States Supreme Court case that ruled suspension of Habeas Corpus when civilian courts are still operating as unconstitutional Hamdi v Rumsfeld, 542 US 507 ( 2004) was a US Supreme Court decision reversing the dismissal of a Habeas corpus petition Hamdan v Rumsfeld, 548 US 557 (2006 is a case in which the Supreme Court of the United States held that military commissions set up by the George John Dasch ( February 7, 1903 &ndash1992 was a German Spy and Saboteur who landed on This is a list of all the United States Supreme Court cases from volume 317 of the United States Reports: Ex parte Quirin, Douglas, The Court Years, 1939-1975, at 138-39 (New York: Vintage Books,1981)
  2. ^ a b Military Tribunal: Quirin Precedent by Louis Fisher in the March 22, 2002 "Congressional Research Report" for Congress.
  3. ^ a b c d Full text of Justice Jackson's Unpublished Opinion in Ex Parte Quirin in the Spring 2006 Green Bag Law Journal, volume 9, number 3
  4. ^ Korematsu v. United States Full text of the decision courtesy of Findlaw. com
  5. ^ a b c Dennis J. Hutchinson, "The Achilles Heel" of the Constitution: Justice Jackson and the Japanese Exclusion Cases, 2002 Sup. Ct. Rev. 455, 488.
  6. ^ War and the Constitution by George P. Fletcher in The American Prospect, January 1, 2002 (alternate URL) and the response, The Military Tribunal Debate
  7. ^ Revised ACLU Interested Person's Memo Urging Congress to Reject Power to Detain Suspected Terrorists Indefinitely Without Charge, Trial or a Right to Counsel by ACLU
  8. ^ TERRORISM AND THE RULE OF LAW by Nicholas Cowdery AM QC, President, International Association of Prosecutors Director of Public Prosecutions, NSW, Australia, at International Association of Prosecutors 8th Annual Conference, Washington, D.C. - 10-14 August 2003. The American Prospect is a monthly American political Magazine dedicated to liberalism. New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. The American Civil Liberties Union ( ACLU) consists of two separate Non-profit organizations the ACLU Foundation a 501(c(3 organization which focuses Queen's Counsel ( postnominal QC) &ndash known as King's Counsel ( KC) during the reign of a male sovereign  &ndash are For a topic outline on this subject see List of basic Australia topics. The International Association of Prosecutors, IAP - the first and only global non-governmental organisation of Prosecutors established by the United Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D
  9. ^ Report by the American Bar Association in PDF (footnote omitted).
  10. ^ Wikisource:Ryuichi Shimoda et al. v. The State#II. Evaluation of the act of bombing according to municipal law Paragraph 2
  11. ^ The Gitmo Fallout: The fight over the Hamdan ruling heats up—as fears about its reach escalate. By Michael Isikoff and Stuart Taylor Jr. , Newsweek, July 17, 2006

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