The Law of the American Constitution : Its Origin And Development
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§ 99 WAR POWERS 267 court even questioned whether the exceptions in articles seventy-four and ninety-two with regard to time of war were intended "to do more than to recognize the right of the military authorities in time of war, within the areas affected by military operations or where martial law was controlling, or where civil authority was either totally suspended or obstructed, to deal with the crimes specified."' This ques- tion was left unsettled, but in Kahn v. Anderson^ the right of a ...military tribunal to try a person subject to military law for murder in time of war was upheld, the court merely say- ing that in the previous case "the question here raised was expressly reserved from decision." It is believed, however, that the decision of a District Court that in time of war the military tribunals have a right superior to that of the civil tribunals to try members of the military forces, and that a soldier under indictment in a state court should be taken upon demand from the state authorities by writ of habeas corpus and surrendered to the military authorities, is an incorrect interpretation and application of the articles of war.
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To quickly assess the difficulty of the text, read a short excerpt:
§ 99 WAR POWERS 267 court even questioned whether the exceptions in articles seventy-four and ninety-two with regard to time of war were intended "to do more than to recognize the right of the military authorities in time of war, within the areas affected by military operations or where martial law was controlling, or where civil authority was either totally suspended or obstructed, to deal with the crimes specified."' This ques- tion was left unsettled, but in Kahn v. Anderson^ the right of a ...military tribunal to try a person subject to military law for murder in time of war was upheld, the court merely say- ing that in the previous case "the question here raised was expressly reserved from decision." It is believed, however, that the decision of a District Court that in time of war the military tribunals have a right superior to that of the civil tribunals to try members of the military forces, and that a soldier under indictment in a state court should be taken upon demand from the state authorities by writ of habeas corpus and surrendered to the military authorities, is an incorrect interpretation and application of the articles of war.
What to read after The Law of the American Constitution : Its Origin And Development?
You can find similar books in the "Read Also" column, or choose other free books by United States. Constitution to read onlineMoreLess
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