Jump to ContentJump to Main Navigation
Bayonets in ParadiseMartial Law in Hawai'i during World War II$
Users without a subscription are not able to see the full content.

Harry N. Scheiber and Jane L. Scheiber

Print publication date: 2016

Print ISBN-13: 9780824852887

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824852887.001.0001

Show Summary Details
Page of

PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 26 July 2021

Introduction

Introduction

War time Emergency Powers and Martial Law

Chapter:
(p.1) Introduction
Source:
Bayonets in Paradise
Author(s):

Harry N. Scheiber

Jane L. Scheiber

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824852887.003.0001

Immediately after the Pearl Harbor attack, habeas corpus was suspended, martial law was declared, and the entire population of Hawai`i was placed under a regime of military control of civilian life that lasted until October 1944. The scope and duration of this military regime were unprecedented in American history, yet this is a largely forgotten episode. This book seeks to tell its story, to discuss the constitutional issues involved, and to explore why the Army generals, with the approval of the Roosevelt Administration, continued to disregard the cherished tradition of the supremacy of law long after the danger of invasion had passed. The Army argued that “military necessity” justified its curtailment of civil liberties, but the U.S. Supreme Court ruled in Duncan v. Kahanamoku (1946) that the Army had exceeded its statutory authority. The issues of safeguarding civil liberties when national security is threatened remain as relevant today as they were during World War II.

Keywords:   martial law, military government, Milligan, Organic Act, civil liberties, military necessity, Duncan v. Kahanamoku

Hawaii Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.