Duncan v. Kahanamoku 327 U.S. 304 (1946)

• Author: David Gordon
• Pages: 830

Page 830

Interpreting the scope of MARTIAL LAW established in Hawaii after the bombing of Pearl Harbor, Justice HUGO L. BLACK, for the Supreme Court, concluded that the Hawaiian Organic Act of 1900 extended constitutional guarantees to that TERRITORY. The creation of military courts empowered to try civilians violated the SIXTH AMENDMENT right to a FAIR TRIAL, thus contravening the intent of Congress. Chief Justice HARLAN FISKE STONE and Justice FRANK MURPHY wrote separate CONCURRING OPINIONS. Stone would have given greater scope to martial law but found the claim of EMERGENCY POWER unjustified here. Murphy joined the Court's opinion but preferred to rest on constitutional grounds, citing EX PARTE MILLIGAN (1866). Justices HAROLD BURTON and FELIX FRANKFURTER, in dissent, argued that the military situation and the conduct of the war, as an executive function, justified the emergency steps taken here.

DAVID GORDON

(1986)