CASE BRIEF 1: EX PARTE QUIRIN, 317 U.S. 1 (1942)
Case Brief: Ex Parte Quirin, 317 U.S. 1 (1942)
Krystle McMullins
Liberty University
HLSCC 520 Legal Issues In Homeland Security
Professor Peter Brake
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CASE BRIEF 1: EX PARTE QUIRIN, 317 U.S. 1 (1942)
Ex:Parte Quirin,317 U.S. 1(1942)
Facts
German highest ranking entered the United States illegally during World War II. This
group has every intention of causing some harm to the people of the United States. They were
tasked with weakening the United States government institutions. They buried the uniforms of
the German high command. After entering the country by submarine, the federal police detained
these German nationals. Law enforcement agency known as the FBI. Following that, they were
sent to the provost marshal in the military district of Washington, D.C. The military commission
found them guilty of breaking military regulations and law articles. The German guys submitted
a habeas corpus petition, a legal order that mandates the immediate presentation of an arrested
individual or individuals before a judge or civil court. The German men claimed the U.S.
government was breaking the U.S. Constitution's 5th and 6th amendments. They reasoned that
their conduct and demands were responsible because they did not think the president and
government had the right to pursue the accusation of a military council proceeding against them.
Issue:
Eight individuals from Germany were detained for trying to enter the country illegally and do
damage to the American government instead of being prosecuted, as established by presidential
order. Is it legal to do so? Shouldn't a civilian jury have tried these guys instead of a military
one?
Rule of Law
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CASE BRIEF 1: EX PARTE QUIRIN, 317 U.S. 1 (1942)
The case of ex-parte Quirin, 317 U.S. (1942) raises several problems about the rule of war and
the treatment and examination of enemy combatants. There is a massive disparity between the
military and civilian populations in dangerous countries. Additionally, there is a distinction
between peaceable citizens and violent extremist combatants within the law's bounds.
Imprisoned as POWS by the aggressor nation's military capturing and holding unauthorized
combatants.
Nonetheless, military tribunals try to punish them for activities that reveal their belligerent
actions as against the law. The verdict held that the law of war established that the enemy is not
liable for procedures outside of military court if they are not citizens of the United States. If
people are, U.S. citizens are guaranteed access to public court sessions.
Application
According to all eight of the Articles of war accused German men did not fit the criteria to be
prosecuted in a civilian court or before a jury. Using a military court to prosecute these
individuals was not against the law. The President shall, in accordance with the Articles of war
Franklin Roosevelt's request that an army commission prosecute these individuals was well
within his authority and did not violate the 5th or 6th Amendments.
Conclusion
In summary, the U.S. officials followed all the rules while dealing with the eight German
individuals who plotted to destroy their country. They anticipated that their decision to enter the
country illegally would be the beginning of their many violations, and so they prepared
themselves accordingly. These guys arrived to harm well within their rights to bring them before
a military trial. In light of the circumstances of World War II, the Supreme Court's ruling in Ex
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CASE BRIEF 1: EX PARTE QUIRIN, 317 U.S. 1 (1942)
Parte Quirin, 317 U.S. (1942) was the proper one. This case shed light on how the United States
judicial system deals with situations involving possible terrorist concerns. Forty inmates at
Cuba's Guantanamo Bay Detention Center are not native English speakers. Some inmates are
there on allegations of plotting terrorist attacks on the United States. They also give up the right
to be prosecuted in a civil law system if the war is still going on when they do this. The guys
apprehended and brought before a military court for this crime were tried appropriately. They
were not innocent bystanders and intended to carry out horrible terrorist attacks on the United
States of America and its administration. Additionally, it was a period of conflict, which was one
of the most significant wars our globe has ever seen.
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