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An Argument Against the Jurisdiction of Military Commissions to Try Citizens ...
Jonathan W. Gordon
Predogled ni na voljo - 2017
according accused act of Congress administration adopted already application army arrested authority body called cause citizens civil claim commanding commissions committed common law confer consequences constitution contrary course courts crimes death declared defendants definitions direction district duty enemies English established execution exercise exist expressed fact follows force give given granted habeas corpus hand Indiana individual instance institutions insurrection invasion judges judgment jurisdiction jury justice King land leave liberty limited lives Lord martial law measure ment Mexico military power namely nature necessary necessity offences officers operations opinion Parliament parties passed persons political precedents present President principles prisoner privilege proceedings proclamation punishment question reason rebellion regard relation remain require respect rules safety says sentence society suppress suspended taken theater therein thereof things tion trial Union United whole writ of habeas
Stran 53 - The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
Stran 42 - If at any time the public safety should require the suspension of the powers vested by this act in the Courts of the United States, it is for the Legislature to say so. That question depends on political considerations, on which the Legislature is to decide. Until the Legislative will be expressed, this Court can only see its duty, and must obey the laws.
Stran 29 - By pretext whereof some of Your Majesty's subjects have been by some of the said commissioners put to death, when and where, if, by the laws and statutes of the land, they had deserved death, by the same laws and statutes also they might, and by no other ought, to have been judged and executed.
Stran 29 - And whereas also by authority of Parliament, in the 25th year of the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and the law of the land...
Stran 52 - Indian tribes; to fix the standard of weights and measures ; to establish post-offices and post-roads ; to declare war ; to raise and support armies ; to provide and maintain a navy...
Stran 29 - ... that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled ; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Stran 29 - England, it is declared and enacted, That no freeman may be taken or imprisoned, or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
Stran 18 - I lay this down as the law of nations. I say that the military authority takes for the time the place of all municipal institutions, and slavery among the rest ; and that, under that state of things, so far from its being true that the States where slavery exists have the exclusive management of the subject, not only the President of the United States but the commander of the army has power to order the universal emancipation of the...
Stran 57 - That, during the present rebellion, the President of the United States, whenever, in his judgment, the public safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof.