Court : US Supreme Court
..... her status as a person "accompanying the armed forces without the continental limits of the united states" by returning to this country voluntarily. but that is not this case. the issue here is whether we should create an exception to the general rule that jurisdiction of a tribunal, once acquired, continues until final disposition. at ..... local facilities, is simply a matter of administrative convenience, and it would do violence to the purpose of congress to provide a "prompt review of the constitutionality of federal acts," fleming v. rhodes, 331 u. s. 100 , 331 u. s. 104 , to interpret 1252 restrictively. for all practical purposes, the district of columbia jail ..... employee thereof, as such officer or employee, is a party." it is conceded that, in issuing the writ of habeas corpus, the district court held an act of congress unconstitutional. appellee's sole contention is that appellant, the superintendent of the district of columbia jail, does not come within the requirement of 1252 that .....
Tag this Judgment!Court : UK Supreme Court
..... in england against the ministry of defence in respect of any breach of the state's common law duty of care towards them: crown proceedings (armed forces) act 1987, section 1. that such liability is capable of arising in respect of operations or activity anywhere in the world appears implicit in section 1 of the ..... vol 1, p 230, uses jurisdiction to mean "the authority of states to prescribe their law, to subject persons and things to adjudication in their courts and other tribunals, and to enforce their law, both judicially and non-judicially." these different aspects of jurisdiction are sometimes said to be curial or judicial jurisdiction, legislative jurisdiction, and ..... authority for any concept of extra-territoriality going beyond bankovic as recognised in al-skeini. the applicants complained that their transfer by british forces to the custody of the iraqi high tribunal exposed them to a real risk of the death penalty in breach of articles 2 and 3. the united kingdom's argument on .....
Tag this Judgment!Court : UK Supreme Court
..... when that debate took place. the governing legislation is now the armed forces (pensions and compensation) act 2004, with the armed forces compensation scheme made under it. awards are based on a detailed tariff, which is kept under review, and there is provision for appeal to a specialised tribunal. the scheme was most recently revised in 2011, following a review ..... such non-combatant ships as might appear in the theatre of operations: "to concede that any civil liability can rest upon a member of the armed forces for supposedly negligent acts or omissions in the course of an actual engagement with the enemy is opposed alike to reason and to policy. but the principle cannot be limited ..... working of section 10 (hansard hc deb 08 december 1986 vol 107 cc85-86w). he said: "section 10 was included in the 1947 act on the grounds that members of the armed forces, by the very nature of their profession, undertake hazardous tasks which ordinary members of the public do not. at that time it was .....
Tag this Judgment!Court : US Supreme Court
..... u.s. 672. some of those petitioners were citizens of the united states, some were civilians, others members of the armed forces. in some instances, the detention was pursuant to sentences imposed by military tribunals for alleged offenses, death being the penalty in one. in other cases, the petitioners claimed to be confined for indefinite ..... accordance with such regulations as he may prescribe." proclamation 2655, 10 fed.reg. 8947. this proclamation was issued pursuant to the authority conferred by the alien enemy act of 1798, 1 stat. 577. [ footnote 2/11 ] furthermore, as the solicitor general points out in his brief, there is "no reason why the ..... applications for writs of habeas corpus to secure their release from detention under removal orders issued by the attorney general under a presidential proclamation pursuant to the alien enemy act. the united states court of appeals for the district of columbia dismissed on appeal. this court granted certiorari. 333 u.s. 826. affirmed, p. 335 .....
Tag this Judgment!Court : US Supreme Court
..... burns v. wilson, 346 u. s. 137 (1953), this court exerts "no supervisory power over the courts which enforce [military law]; the rights of men in the armed forces must perforce be conditioned to meet certain overriding demands of discipline and duty, and the civil courts are not the agencies which must determine the precise balance to be struck ..... in that regard. as long ago as 1902, this court recognized that it was a "salutary rule that the sentences of courts-martial, when affirmed by the military tribunal of last resort, cannot be revised by the civil courts save only when void because of an absolute want of power, and not merely voidable because of the defective ..... u. s. 140 . if there is injustice in the sentence imposed, it is for the executive to correct, for, since the board of review has authority to act, we have no jurisdiction to interfere with the exercise of its discretion. that power is placed by the congress in the hands of those entrusted with the administration of military .....
Tag this Judgment!Court : US Supreme Court
..... s. 241 the court does not reach petitioner's contention that he could not constitutionally be tried by court-martial because he was not a member of the armed forces at the time this offense was committed. it is sufficient to say that this contention is also squarely foreclosed by kahn v. anderson, supra, and that, ..... and efficiency required by the exigencies of the period and the necessities of military government." civil courts were, indeed, thought to be better qualified than military tribunals to try nonmilitary offenses. they have a more deeply engrained judicial attitude, a more thorough indoctrination in the procedural safeguards necessary for a fair trial. moreover, ..... , in construing a statute, recognized that "'the state of war' may be terminated by treaty or legislation or presidential proclamation. whatever the mode, its termination is a political act." see also woods v. cloyd w. miller co., 333 u. s. 138 ; knauff v. shaughnessy, 338 u. s. 537 , both expressly recognizing that the .....
Tag this Judgment!Court : US Supreme Court
..... subjects as an increase in the salaries of state supreme court justices; making attorneys notaries public; amending the federal career compensation act to apply to attorneys employed with the armed forces the same provisions for special pay and promotion available to members of other professions; improving pay scales of attorneys in state ..... to deal with federal legislation affecting the practice of law, or lawyers as a class, or the jurisdiction, procedure and practice of the federal courts and other federal tribunals, or creation of new federal courts or judgeships affecting this state, and comparable subjects. . . ." "board of governors minutes, dec. 11, 1959. furthermore ..... other increases with the complexities of modern society, the circle of people performing vital services increases. precedents, once established, often gain momentum by the force of their existence. doctrine has a habit of following the path of inexorable logic. page 367 u. s. 879 we established no such precedent in .....
Tag this Judgment!Court : US Supreme Court
..... such organizations or persons, in order to prevent any future acts of international terrorism against the united states by such nations, organizations or persons. authorization for use of military force ( the aumf ), 115 stat. 224. soon thereafter, the president ordered united states armed forces to afghanistan, with a mission to subdue al qaeda and ..... citizens in smith and m connell , was accused of being a spy. the court in quirin found him subject to trial and punishment by [a] military tribunal[ ] for those acts, and held that his citizenship did not change this result. 317 u. s., at 31, 37 38. quirin was a unanimous opinion. it both ..... ( when life and liberty are in question, there must in every instance be judicial proceedings; and that requirement implies an accusation, a hearing before an impartial tribunal, with proper jurisdiction, and a conviction and judgment before the punishment can be inflicted (internal quotation marks omitted)). to be sure, certain types of permissible non .....
Tag this Judgment!Court : US Supreme Court
..... whole i am of opinion, after the most laborious examination of this delicate question, that the state court martial had a concurrent jurisdiction with the tribunal pointed out by the acts of congress to try a militia man who had disobeyed the call of the president and to enforce the laws of congress against such delinquent, ..... (art. 5) to the constitution prohibits such punishments, "unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces," or in "the militia when in actual service, in time of war, or public danger." to prevent, therefore, a manifest breach of the constitution, we cannot ..... prescribed by congress, be justly considered as weakening this conclusion. that reservation constitutes an exception merely from the power given to congress "to provide for organizing, arming, and disciplining the militia," and is a limitation upon the authority, which would otherwise depend upon its own the appointment of officers. but the exception from .....
Tag this Judgment!Court : US Supreme Court
..... to provide for the court-martial trial and punishment of civilian dependents "accompanying," and civilians "employed by," the armed forces at military posts in foreign lands in time of peace. if it has, then congress has acted within its powers in enacting article 2(11) of the code -- otherwise not. inasmuch as six members of ..... are used here with only adaptation to noncapital crimes. the government asserts that the second covert case, rather than foreclosing the issue here, indicates that military tribunals would have jurisdiction over civilian dependents charged with offenses less than capital. it says that the trial of such a person for a noncapital crime is "significantly ..... under art. iv, 3, to "make all needful rules and regulations" for the "territories" of the united states. we held further that the "procedure in such tribunals need not comply with the standards prescribed by the constitution for article iii courts," 351 u.s. at 351 u. s. 475 , and specifically upheld court-martial .....
Tag this Judgment!