Ex parte Richard Quirin; Ex parte Herbert Hans Haupt; Ex parte Edward John Kerling; Ex parte Ernest Peter Burger; Ex parte Heinrich Harm Heinck; Ex parte Werner Thiel; Ex parte Hermann Otto Neubauer; United States ex rel. Quirin v. Cox, Brig. Gen., U.S.A., Provost Marshal of the Military District of Washington, and 6 other cases.
Citations
317 U.S. 1 (more)
63 S. Ct. 2; 87 L. Ed. 3; 1942 U.S. LEXIS 1119
Case history
Prior
Motion for leave to file petition for writs of habeas corpus denied, 47 F. Supp. 431 (D.D.C. 1942)
Holding
Jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States was constitutional.
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black Stanley F. Reed · Felix Frankfurter William O. Douglas · Frank Murphy James F. Byrnes · Robert H. Jackson
Case opinion
Per curiam
Majority
Stone
Murphy took no part in the consideration or decision of the case.
Laws applied
U.S. Const.
Ex parte Quirin, 317 U.S. 1 (1942), was a case of the United States Supreme Court that during World War II upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs, in the United States.[1]Quirin has been cited as a precedent for the trial by military commission of unlawful combatants.
It was argued July 29 and 30, and decided July 31, with an extended opinion filed October 29, 1942.
This decision states in part that:
... the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.
^Ex parte Quirin, 317 U.S. 1 (1942). This article incorporates public domain material from this U.S government document.
application of [Person]) v [The Public Body]. Exparte Endo Exparte Merryman Exparte Milligan ExparteQuirin Inter partes Temporary injunction R v Bow...
Exparte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians...
Justice Harlan F. Stone. He helped to craft the standing doctrine in ExparteQuirin which enabled the U.S. Supreme Court to hear a case against German...
his name to the Supreme Court decision on the trial, ExparteQuirin. Born in Berlin in 1908, Quirin moved to the United States in 1927, living in Schenectady...
mercenaries BBC ExParteQuirin -n1- (Nos. 1-7CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA) or ExParteQuirin Archived 23...
tribunal – whose constitutionality was challenged to the Supreme Court in ExparteQuirin – sentenced all eight to death later that year. President Franklin...
the enemy could be treated as insurgents or spies, as stated in the ExparteQuirin, the Hostages Trial, and the trial of Otto Skorzeny and others). The...
Kerling, Edward; Kerling's Confession FBI, National Socialist Saboteurs ExParteQuirin National Socialist Saboteur Trial "Last Words of the Executed". Retrieved...
Haupt, the only U.S. citizen executed in the affair, was cited again (ExparteQuirin). Capital punishment by the United States federal government List of...
Stone Court delivered several important war-time rulings, such as in ExparteQuirin, where it upheld the President's power to try Nazi saboteurs captured...
curiam, each had multiple concurrences and dissents. Examples include: ExparteQuirin, 317 U.S. 1 (1942) Ray v. Blair, 343 U.S. 214 (1952) Toolson v. New...
operations against American targets were arrested, and six were executed (ExparteQuirin) under their sentences. Also during this time, a joint US/UK code-breaking...
unlawful combatants. The US Supreme Court upheld that decision in ExparteQuirin (1942) by ruling that the military commission that was set up to try...
combatant". In the 1942 Supreme Court of the United States ruling ExParteQuirin, the Court uses the terms with their historical meanings to distinguish...
during the trial with the formal opinion written after the trial (see ExparteQuirin). The eight were convicted of sabotage and sentenced to death. FBI...
before judgment and heard the case on an expedited basis have included ExparteQuirin (1942), U.S. v. United Mine Workers (1947), Youngstown Sheet & Tube...
federal habeas corpus case. There were two cases, the Six Saboteurs, ExparteQuirin where even U.S. citizens are not entitled to federal courts but allowed...
secret military tribunal set up by President Franklin D. Roosevelt. In ExparteQuirin (1942), the U.S. Supreme Court decided that the writ of habeas corpus...
(2004) (plurality opinion); id. at 587, 597 (Thomas, J., dissenting); ExParteQuirin, 317 U.S. at 37-38. Like the imposition of military detention, the...
Insurrection, and then again in the aftermath of World War II. In ExparteQuirin, 317 U.S. 1 (1942), the United States Supreme Court upheld the jurisdiction...
Operation Pastorius. Roosevelt's decision was challenged, but upheld, in ExparteQuirin (1942). All eight of the accused were convicted and sentenced to death...
Global Information
This article incorporates public domain material from this U.S government document.
