Duncan v. Kahanamoku

Duncan v. Kahanamoku
Supreme Court of the United States
Argued December 7, 1945 Decided February 25, 1946
Full case name	Duncan v. Duke Kahanamoku
Citations	327 U.S. 304 (more) 66 S. Ct. 606; 90 L. Ed. 688
Holding
The trial by military tribunal, that convicted Duncan, was unconstitutional.
Court membership
Chief Justice Harlan F. Stone Associate Justices Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas Frank Murphy · Robert H. Jackson Wiley B. Rutledge · Harold H. Burton
Case opinions
Majority	Black, joined by Reed, Douglas, Rutledge
Concurrence	Murphy
Concurrence	Stone
Dissent	Burton, joined by Frankfurter
Jackson took no part in the consideration or decision of the case.

Duncan v. Kahanamoku, 327 U.S. 304 (1946), was a decision by the United States Supreme Court. It is often associated with the Japanese exclusion cases (Hirabayashi v. United States, Korematsu v. United States and Ex parte Endo) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority.^[1]

While Duke Kahanamoku was a military police officer during World War II, he arrested Duncan for public intoxication. At the time, Hawaii, not yet a state, was being administered under the Hawaiian Organic Act which effectively instituted martial law on the island. Duncan was therefore tried by a military tribunal and appealed to the Supreme Court. The court ruled that trial by military tribunal was, in this case, unconstitutional.

See also

• List of United States Supreme Court cases, volume 327

References

1. ^ http://www.answers.com/topic/duncan-v-kahanamoku

Further reading

• Anthony, J. Garner (1947). "Hawaiian Martial Law in the Supreme Court". Yale Law Journal (The Yale Law Journal, Vol. 57, No. 1) 57 (1): 27–54. doi:10.2307/793363. JSTOR 793363. 

External links

Text of Duncan v. Kahanamoku, 327 U.S. 304 (1946) is available from: Justia · Findlaw