Opinion On the Constitutional Power of the Military of Try And Execute the Assas
Opinion On the Constitutional Power of the Military of Try And Execute the Assas
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Is that assumption true 1 We have seen that when war comes, the laws and usages of war come also, and that during the war they are a part of the laws of the land. Under the Constitution, Congress may define and punish offences against those laws, but in defeult of Congress's defining those laws and prescrib- ing a punishment for their infraction, and the mode of proceeding to ascer- tain whether an offence has been committed, and what punishment is to be- inflicted, the army must be governed by... the laws and usages of wax as un- 12 derstood and practiced by the civilized nations of the world It has been abundantly shown that these tribunals are constituted by the army in the interest of justice and mercy, and for the purpose and to the effect of miti- gating the horrors of war.
But it may be insisted that though the laws of war, being a part of the law of nations, constitute a part of the laws of the land, that those laws must be regarded as modified so far and whenever they come iti direct conflict with plain constitutional provisions.
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To quickly assess the difficulty of the text, read a short excerpt:
Is that assumption true 1 We have seen that when war comes, the laws and usages of war come also, and that during the war they are a part of the laws of the land. Under the Constitution, Congress may define and punish offences against those laws, but in defeult of Congress's defining those laws and prescrib- ing a punishment for their infraction, and the mode of proceeding to ascer- tain whether an offence has been committed, and what punishment is to be- inflicted, the army must be governed by... the laws and usages of wax as un- 12 derstood and practiced by the civilized nations of the world It has been abundantly shown that these tribunals are constituted by the army in the interest of justice and mercy, and for the purpose and to the effect of miti- gating the horrors of war.
But it may be insisted that though the laws of war, being a part of the law of nations, constitute a part of the laws of the land, that those laws must be regarded as modified so far and whenever they come iti direct conflict with plain constitutional provisions.
What to read after Opinion On the Constitutional Power of the Military of Try And Execute the Assas?
You can find similar books in the "Read Also" column, or choose other free books by United States Attorney General to read onlineMoreLess
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