LAW 606 Lecture Notes - Lecture 25: Unlawful Combatant, Ex Parte Quirin, War Powers Resolution
1 Jun 2020
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Factors: no martial law- the civil courts are open, status: u. s. citizen- (not an enemy combatant, location: arrested on u. s. soil for u. s. actions, in u. s. jurisdictions. Is this enough to try him in military tribunals: yes- they were unlawful enemy combatants; what makes this hard is that u. s. courts are open, the acts and detention are on soil. Jackson category- congress has authorized this under the articles of war and the president exercises this power. The only question is if the federal government together has such power- yes. Page 1 of 3: no application for writ when they captured german civilians in germany. Formal ending of war by treaty requires 2/3 congressional consent. But informally, president can declare the end of war: 3. ) Page 2 of 3: assassinations of foreign leaders- (resolution of 70s- no assassinations without congress authority. , torture- department of defense regulations- does bush have the power to command military officials to torture.
