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Duncan Vs. Kahanamoku

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  • US Supreme Court
  • Feb 25, 1946

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50 entries 13 linked 37 unlinked
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  14. U.S. 304 (1946) U.S. Supreme Court Duncan v. Kahanamoku
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  15. U.S. 304 (1946) Duncan v. Kahanamoku
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  16. military, could for days, months, or years close all the courts and supplant them with military tribunals. Cf. Coleman v. Tennessee
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  17. expression of a General's will dictated by what he considers the imperious necessity of the moment. See United States v. Diekelman
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  18. whatever power it might have Page 327 U. S. 319 had to limit the application of the Constitution. Cf. Hawaii v. Mankichi
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  19. Together with No. 15, White v. Steer
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  20. Carter v. McClaughry
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  21. Hines v. Mikell
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  22. New Orleans v. Steamship
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  23. Co., 20 Wall. 387, 87 U. S. 393 , 22 L.Ed. 354 Dow v. Johnson
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  24. Traders' Bank v. Union
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  25. Wall. 276. Nor is this a case where violators of military orders are to be tried by regular courts. Cf. Hirabayashi v. United
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  26. Sterling v. Constantin
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  27. decisions of this Court relating to the applicability of the Constitution to United States Territories. Hawaii v. Mankichi
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  28. Rassmussen v. United
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  29. U. S. 284 . See also Frank, Ex Parte Milligan v. The
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  30. Hallam, Constitutional History, c. 3. See also discussions in dissent in Luther v. Borden
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  31. Id. pp. 31, 32. See also, on the same subject, the dissent in Luther v. Borden
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  32. civilians by military tribunals which were upheld by decisions of state and lower federal courts. State ex rel. Mays v. Brown
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  33. McMasters v. Wolters
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  34. Seymour v. Fischer
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  35. that all the governor had done was legal. The basis of these decisions was definitely held erroneous in Sterling v. Constantin
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  36. of the government are unable to function, or their functioning would itself threaten the public safety. Luther v. Borden
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  37. United States v. Russell
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  38. emergency is such as to give rise to the necessity of martial law, and in adapting it to the need. Cf. Hirabayashi v. United
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  39. U.S. Supreme Court Duncan v. Kahanamoku
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  40. Cf. Coleman v. Tennessee
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  41. See United States v. Diekelman
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  42. of the Constitution. Cf. Hawaii v. Mankichi
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  43. White v. Steer
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  44. Mechanics' & Traders' Bank v. Union
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  45. Cf. Hirabayashi v. United
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  46. United States Territories. Hawaii v. Mankichi
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  47. Frank, Ex Parte Milligan v. The
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  48. Mays v. Brown
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  49. McMasters v. Wolters
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  50. Seymour v. Fischer
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