- Duncan v. Kahanamoku
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Duncan v. Kahanamoku
Supreme Court of the United StatesArgued December 7, 1945
Decided February 25, 1946Full case name Duncan v. Duke Kahanamoku Citations 327 U.S. 304 (more)
66 S. Ct. 606; 90 L. Ed. 688Holding The trial by military tribunal, that convicted Duncan, was unconstitutional. Court membership Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Frank Murphy · Robert H. Jackson
Wiley B. Rutledge · Harold H. BurtonCase opinions Majority Black, joined by Reed, Douglas, Rutledge Concurrence Murphy Concurrence Stone Dissent Burton, joined by Frankfurter Jackson took no part in the consideration or decision of the case. Duncan v. Kahanamoku, 327 U.S. 304 (1946), was a decision by the United States Supreme Court. It is often associated with the Japanese exclusion cases (Hirabayashi v. United States, Korematsu v. United States and Ex parte Endo) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority.[1]
While Duke Kahanamoku was a military police officer during World War II, he arrested Duncan for public intoxication. At the time, Hawaii, not yet a state, was being administered under the Hawaiian Organic Act which effectively instituted martial law on the island. Duncan was therefore tried by a military tribunal and appealed to the Supreme Court. The court ruled that trial by military tribunal was, in this case, unconstitutional.
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See also
References
Further reading
- Anthony, J. Garner (1947). "Hawaiian Martial Law in the Supreme Court". Yale Law Journal (The Yale Law Journal, Vol. 57, No. 1) 57 (1): 27–54. doi:10.2307/793363. JSTOR 793363.
External links
Text of Duncan v. Kahanamoku, 327 U.S. 304 (1946) is available from: Justia · Findlaw
Categories:- United States Supreme Court cases
- Legal history of Hawaii
- 1946 in United States case law
- United States Supreme Court stubs
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