Question
Ex. Parte Quirin 317 U.S. 1 (1942). The court in Quirin discussed presidential powers in time of war as well as the law of war,
Ex. Parte Quirin 317 U.S. 1 (1942). The court in Quirin discussed presidential powers in time of war as well as the law of war, otherwise referred to as jus belli, and the difference between lawful and unlawful combatants under the legal guidelines for war. The Quirin defendants were deemed to be unlawful combatants pursuant to international rules of war and Geneva convention. As a result they were, in addition to being subject to trial and capture, subjected to trial and punishment by a military tribunal. What is the basis of the German prisoners' habeas petition and argument to the court? How does the court address their main argument? What does the Court state with regard to constitutional rights such as the Fifth and Sixth Amendment as applied to these defendants?
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