But he carefully avoided constitutional issues raised by the creation of military government, confining himself to statutory construction. Black drew extensively on English and American history to support civilian supremacy over the military. In an appeal by two civilians tried by military tribunals, Justice Hugo Black, in a cautiously circumscribed opinion, held that the Organic Act's authorization of martial law did not include the power to supplant civilian courts with military tribunals. follows on this subject: By radio the Governor of Hawaii on December 7, 1941. This regime of military authority was terminated in October 1944. (e) The phrase martial law, as employed in that Act, while intended to. On the next day, General Short created military tribunals that had power to try civilians for offenses against federal or territorial law and for violation of orders of the military government he had established. Poindexter, acting under the authority of the territorial Organic Act of 1900, suspended the writ of habeas corpus, placed Hawaii under martial law, and relinquished civilian gubernatorial and judicial authority to U.S. of the legality of martial law he states his opinion to be that Hawaii is and has been. proclamation of Governor Joseph Poindexter of Hawaii, on December 7, 1941. The institution and maintenance of martial law in Hawaii clearly had as a major if not central purpose the control of the large minority of the population that was of Japanese descent. United States, 1944 and Ex parte Endo, 1944) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority.Īfter the attack on Pearl Harbor by Japanese naval forces on 7 December 1941, Hawaii's territorial governor, Joseph B. President Franklin Roosevelt approves the declaration of martial law in Hawaii after the attack on Pearl Harbor, 1941. 7, 1941, upon which day Governor Poindexter issued a proclamation. The question of the constitutional status of martial law was raised again in. The Duncan case is often associated with the Japanese exclusion cases ( Hirabayashi v. 1946 by vote of 6 to 2 Black for the Court, Murphy and Stone concurring, Burton and Frankfurter in dissent, Jackson absent.
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