CONSTITUTIONAL LAW-SABOTEURS AND THE JURISDICTION OF MILITARY COMMISSIONS

The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule.

A pronouncement of the Supreme Court of the United States in this field is, therefore, of great interest at this time. The purpose of this comment is to analyze the recent saboteur decision, Ex parte Quirin, in an attempt to ascertain what was actually decided and the possible effects of the opinion of the Court upon related questions.