To: PoppingSmoke
"The 1942 case set all of this in motion. "
The 1942 case follows earlier decisions and practices.
It for sure is good law, meaning it is the last word so far and so is binding on lower courts.
To: Dan(9698)
Quirin did not address the situation of a "no-war" war like the current one. When is there "end of hostilities," or could there be, in this case? No war has been declared, so no surrender is possible to end the hostilities. Surely even our Supreme Court will not want to create an open ended excuse for the Feds to perpetually deny the possibility of judicial exoneration (even in a military court) to anyone they can charge with a sufficiently antisocial act. This is to trash freedom in the name of saving it.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson