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" I should hold that a civil court cannot be made to enforce an order which violates constitutional limitations even if it is a reasonable exercise of military authority. The courts can exercise only the judicial power, can apply only law, and must abide... "
Terrorism in the United States: The Nature and Extent of the Threat and ... - Page 216
de United States. Congress. Senate. Committee on the Judiciary - 1997 - 259 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 323

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1945 - 956 pages
...the principle of this case would be extended before plausible reasons would play out, I do not know. I should hold that a civil court cannot be made to...must abide by the Constitution, or they cease to be civil courts and become instruments of military policy. Syllabus. 323 US Of course the existence of...
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Elements of Judicial Strategy

Walter F. Murphy - 1964 - 264 pages
...maintain the evacuation policy despite any Court decision that it was unconstitutional,18 Jackson wrote: "I should hold that a civil court cannot be made to...it is a reasonable exercise of military authority. ... I do not suggest that the courts should have attempted to interfere with the Army in carrying out...
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The Supreme Court and the Commander in Chief

Clinton Rossiter - 1976 - 260 pages
...correct thing to do, Jackson seemed to say, was to ignore the whole affair. "I should hold that a 51 civil court cannot be made to enforce an order which...it is a reasonable exercise of military authority." 44 It would be easy to write ten or twenty or a hundred pages on the many astounding aspects of the...
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Commission on Wartime Relocation and Internment of Civilians Act: Hearing ...

United States. Congress. Senate. Committee on Governmental Affairs - 1980 - 384 pages
...authority that the decisions were reasonably necessary "from a military viewpoint". But the courts "cannot be made to enforce an order which violates...a reasonable exercise of military authority". The judiciary cannot become mere "instruments of military policy". In other words, a military order may...
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Commission on Wartime Relocation and Internment of Civilians: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1981 - 186 pages
...and the decisions were reasonably necessary "from a military viewpoint." But the courts "cnnnot he made to enforce an order which violates constitutional...a reasonable exercise of military authority." The judiciary cannot become mere "instruments of military policy." In other words, a military order may...
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Commission on Wartime Relocation and Internment of Civilians: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1981 - 196 pages
...military viewpoint." But the courts "cinnot he made to enforce an order which violates const' tutional limitations even if it is a reasonable exercise of military authority." The judiciary cannot become mere "instruments of military policy." In other words, a military order may...
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The Mass Internment of Japanese Americans and the Quest for Legal Redress

Charles J. McClain - 1994 - 528 pages
...Constitution, neither would I distort the Constitution to approve all that the military may deem expedient."1 "I should hold that a civil court cannot be made to...limitations even if it is a reasonable exercise of military authority."2 To this, Justice Frankfurter, concurring with the majority, took vigorous exception. "To...
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Combating Domestic Terrorism: Hearing Before the Subcommittee on Crime of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1996 - 210 pages
...Scar Ctuunber system, as described above. NACDL respectfully urges this Committee to heed the nmrrime warning of Justice Jackson, the Nuremburg War Trial...must abide by the Constitution, or they cease to be civil courts and become instruments of military policy. Of course the existence of a military power...
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Combating Domestic Terrorism: Hearing Before the Subcommittee on Crime of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1996 - 196 pages
...respectfully urges tilia Coronitt-.ee to heed the war tine warning of Justice Jackson, the Kuremburg War Trial prosecutor: I should hold that a civil court...must abide by the Constitution, or they cease to be civil courts and become instruments of military policy. Of course the existence of a military power...
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International Terrorism: Threats and Responses : Hearings Before the ...

United States. Congress. House. Committee on the Judiciary - 1996 - 762 pages
...in the obviously non- wartime, non- "military necessity" application context contemplated by HR 896: I should hold that a civil court cannot be made to...judicial power, can apply only law, and must abide fay the Constitution, or they cease to be civil courts and become instruments of military policy. Of...
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