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Duncan v. Kahanamoku - Essay Example

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It should be noted that despite Hawaii not being a state during this period, it still formed part of the larger United States of America; thus, it should have complied and protected the constitution of the United States (Robinson, 2009). Analysis: Looking at the relationship between the martial law and Organic Act, there was no provision for diffusing territory under the martial law. However, the Organic Act may have given the military tribunal a chance to act the way they did since the act did not define the term and boundaries of the martial law. Therefore, the better understanding of the application of martial law and its applicability in Duncan’s case, Justice Black looked at the history to understand or determine whether the Congress had intended to give the military such elaborate authority. It is worth noting that such authority was articulated clearly in the constitution especially in line with constitutional authority of the executive as spelled under the martial law (Robinson, 2009). Therefore, it was improper for the military to exercise such powers. Moreover, despite the lack of inclusion of the martial law in the then constitution it suppressed any institution especially the executive to include other ultimate authorities that will include the civilian and the military in a commission at least as it was in the case of Duncan. From the constitutional perspective and authorization of the martial law, it is clear that the Congress had no intension in the Hawaii Organic Act to

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replace civilian Courts with the military jurisdiction. Moreover, it is clear that the Congress enacted the Hawaiian Organic Act and then authorized the enactment of the martial law (Robinson, 2009). However, these laws never intended to exceed the...
Looking at the relationship between the martial law and Organic Act, there was no provision for diffusing territory under the martial law. However, the Organic Act may have given the military tribunal a chance to act the way they did since the act did not define the term and boundaries of the martial law. Therefore, the better understanding of the application of martial law and its applicability in Duncan’s case, Justice Black looked at the history to understand or determine whether the Congress had intended to give the military such elaborate authority. It is worth noting that such authority was articulated clearly in the constitution especially in line with constitutional authority of the executive as spelled under the martial law (Robinson, 2009). Therefore, it was improper for the military to exercise such powers. Moreover, despite the lack of inclusion of the martial law in the then constitution it suppressed any institution especially the executive to include other ultimate authorities that will include the civilian and the military in a commission at least as it was in the case of Duncan.
From the constitutional perspective and authorization of the martial law, it is clear that the Congress had no intension in the Hawaii Organic Act to replace civilian Courts with the military jurisdiction. Moreover, it is clear that the Congress enacted the Hawaiian Organic Act and then authorized the enactment of the martial law (Robinson, 2009). However, these laws never intended to exceed the boundary of the military to that of the civilians. Nonetheless, the military and the executive have been acting slightly beyond their jurisdiction thereby interfering with rights of the civilians and this has never been then case constitutionally.
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Summary

In the case of Duncan v. Kahanamoku, the martial law was stipulated to help govern and defend the island from possible invasions and or rebellious threats but not to authorize court supplanting by military tribunals. …
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