The stage is set
This is merely a prelude for what’s to come.
Kavanaugh is not the only Supreme Court justice who would agree with this “long settled law of the land”
2 The Court’s opinion noted that American citizenship
was no bar to trial by military commission of “offenders against the law of war,” and it mentioned that the President, as Commander-in- Chief, has “the power to wage war which Congress has declared.”3
A few years later—shortly after hostilities had ended in the Far East— Japanese General Yamashita was tried and sentenced to death by a military commission in the Philippines.4 An ensuing effort to contest the commission’s jurisdiction failed in the Supreme Court.5 Instead, the Court reaffirmed the principle established by Quirin that the Constitution, in Article I, § 8, cl. 10, provides authority for use of military commissions to punish violations of the law of war as “Offences against the Law of Nations.”
6 The Supreme Court soon reaffirmed in two other cases the authority of military tribunals established under the law of war. The first was Johnson v. Eisentrager, which concerned a German defendant who, after Germany surrendered but before the end of hostilities between the United States and Japan, had engaged in conduct in China for which he was tried there by an American military commission.7 After being convicted and transferred to an American confinement facility in Europe, he sought to contest by habeas corpus the jurisdiction of the commission.8 Over dissent, the Court ruled that the defendant had no right to petition for habeas corpus.9
U.S. Constitution - Article 3 Section 3
Article 3 - The Judicial Branch
Section 3 - Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Corruption of Blood:
Corruption of Blood was part of ancient English penalty for treason. It was usually part of a Bill of Attainder, which normally sentenced the accused to death. The corruption of blood would forbid the accused's family from inheriting his property. Such bills and punishments were often inflicted upon Tories by colonial governments immediately following independence.
Source: 381 US 437
Treason:
treason n the offense of attempting to overthrow the government of one's country or of assisting its enemies in war
Source: NMW
Penalties:
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
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