act of war high treason

• Section 3: Treason

... punishing manslaughter and treason on the high seas, Chief Justice Marshall going beyond the nece...

• Constitution of the United States (Annotated)

• The Constitution and the laws of war during the Civil War.

...The Antebellum Law of Treason and Rebellion II. LEGAL UNCERTAINTY AT THE OUTSET ... the insurgent states could be seized on the high seas and forfeited to the United States. (105) . A...

• Notre Dame Law Review
• Vol. 85 Nbr. 5, December 2010

• The "other" side of Richardson v. Ramirez: a textual challenge to felon disenfranchisement.

..., those acts covered by Article II's "other high Crimes and misdemeanors" (131) differ from Article...A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justi...

• Yale Law Journal
• Vol. 121 Nbr. 1, October 2011

• Stogner v. California, 539 U.S. 607 (2003)

... bill that would have revived time-barred treason prosecutions against Jefferson Davis. [Page 608] ... not surprising that New Jersey's highest court long ago recognized that Chase's alternative...

• U.S. Supreme Court

• God Bless or God Damn Us One and All

History has a strange way of telling us what happened but even with history being strange there is no reasonable accounting for the [George W. Bush] success in causing the disappearance of a record of his life especially when part of that life is alleged to have been spent in military service. Indeed, we know he was there. Indeed, we have reports on what he did but how, when, where and in what manner we have not a clue. There are those who will tell us about George W. Bush as a happy-go-lucky, not so bright student at Yale. We have reports that he was a gadabout and a drunk. The fact of the matter is that we do not know very much about George W. Bush at all. By the military, by White House minions, by public relations persons in the hire of the Bush family for years there was an effort ...

... is if any of them are caught in an act of treason. Certainly acts of that nature have already been c...They have been accused of high treason and nothing has ever been said about one o...

• New York Amsterdam News
• July 27, 2009

• Hamdan v. Rumsfeld, 548 U. S. (2006)

... occurring in the territory of one of the High Contracting Parties [ i.e., signatories], each Pa... triable in civilian courts (like treason) and violations of the law of war. Judge Advocate ...

• U.S. Supreme Court

• Treason in the age of terrorism: an explanation and evaluation of treason's return in democratic states.

... its success." (67) Thus, the Court set a high bar for what constitutes an overt act of aid and c...

• Vanderbilt Journal of Transnational Law
• Vol. 42 Nbr. 5, November 2009

• Hamdi v. Rumsfeld, 542 U.S. 507 (2004)

... writ of habeas corpus or prosecution for treason or some other crime. Post , at 1. He does not exp...291. . Both of these positions highlight legitimate concerns. And both emphasize the tensio...

• U.S. Supreme Court

• Impeachment As Judicial Selection?

[...] it is not for life if the judge misbehaves - or at least opponents can make a plausible argument to that effect - and Congress removes the jurist, or at least threatens to remove the judge.5 In such a case "judicial selection" might encompass the tactical use of impeachment to deselect judges. In Part I, this Article frames the phenomenon of impeachment as judicial selection as a tactic of constitutional hardball, i.e., the framework suggested by Professor Mark Tushnet for understanding how parties or movements secure rapid change between constitutional orders.6 Part I also discusses several of the prominent instances of resort to this tactic, including the Jeffersonian, Nixonian, and Christian Coalition impeachments or threats of impeachment. [...] as to the grounds for impeach...

... advantage.14 Tushnet suggests the stakes are high in hardball, separating the phenomenon from ordina...Because impeachment extends only to "Treason, Bribery, or other high Crimes and Misdemeanors,"2...

• The William and Mary Bill of Rights Journal
• Vol. 18 Nbr. 3, March 2010

• Broken Promises or Unrealistic Expectations?: Comparing the Bush and Obama Administrations on Counterterrorism

Introduction - II. The criminal prosecution-military force divide - III. Justifications and consequences of the military force paradigm - A. Indefinite Detention Absent Criminal Charges - 1. Detention in Traditional Armed Conflicts - 2. Detention After 9/11 - B. Military Prosecutions After 9/11 - 1. The Bush Administration‘s Military Commissions - 2. The Obama Administration‘s Military Commissions - C. Lethal Aerial Drone Strikes - IV. A normative analysis of the shift in counterterrorism strategy from Bush to Obama - A. "Military Force Is a Necessary (But Not Sufficient) Counterterrorism Tool." - 1. Problems With Acquiring Lawful Custody Over al Quaeda Fighters - 2. Problems With Identifying Crimes by All Hostile al Qaeda and Taliban Fighters - 3. Problems With Responding to the Att...

• Transnational Law & Contemporary Problems
• Nbr. 20-2, October 2011