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To: Texasforever
Additionally,
Enemy Country.--It has seemed reasonably clear that the Constitution does not follow the advancing troops into conquered territory. Persons in such territory have been held entirely beyond the reach of constitutional limitations and subject to the laws of war as interpreted and applied by the Congress and the President.1534 ''What is the law which governs an army invading an enemy's country?'' the Court asked in Dow v. Johnson.1535 ''It is not the civil law of the invaded country; it is not the civil law of the conquering country; it is military law--the law of war--and its supremacy for the protection of the officers and soldiers of the army, when in service in the field in the enemy's country, is as essential to the efficiency of the army as the supremacy of the civil law at home, and, in time of peace, is essential to the preservation of liberty.''

The link in #1 is an interesting read.
8 posted on 11/20/2001 6:28:22 PM PST by TomGuy
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To: TomGuy
You have precisely defined the need a legitimacy for the Military tribunals. Thanks.
31 posted on 11/20/2001 7:23:14 PM PST by Texasforever
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