- Title Pages
- A Note on Terminology
Chapter OnePrelude to Martial Law
Chapter TwoFinal War Planning for Hawai‘i, 1939–1941
Chapter ThreeImplementation of Martial Law and Military Government
Chapter FourLife under General Orders
Chapter FiveControl of Labor
Chapter Six“Drum-head Justice”?
Chapter Seven“An Extreme Degree of Fear”
Chapter EightSelective Detention and Removal
Chapter NineDetermining Loyalty
Chapter TenThe Fate of the Detainees
Chapter ElevenAlarms and Responses
Chapter Twelve“Delineation” and Restoration, 1942–1943
Chapter ThirteenThe Habeas Corpus Cases
Chapter FourteenNew Habeas Cases
Chapter FifteenRising Protests
Chapter SixteenThe Termination of Martial Law
Chapter SeventeenThe Duncan and White Cases
Chapter EighteenWar’s Aftermath and the Courts
- A Note on Sources
- About the Authors
War time Emergency Powers and Martial Law
- (p.1) Introduction
- Bayonets in Paradise
Harry N. Scheiber
Jane L. Scheiber
- University of Hawai'i Press
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.
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