Re: Forwarded from Anthony (query)

["LouPaulsen" <LouPaulsen@xxxxxxxxx>]

----- Original Message -----
From: "LouPaulsen" <LouPaulsen@xxxxxxxxx>
> this right.  There are supposedly 'principles' governing whether the
> military courts would determine whether a situation is in 'time of war' or
> not, but I haven't found them yet.
>

This source
http://anthonydamato.law.northwestern.edu/Adobefiles/A69d-nurembergdef.pdf

gives some caselaw:
Bas v. Tingy, 4 US 37, 39(1800): US at war with France despite absence of a
declaration of war
United States v Ayres, 4 USMCA 220, 15 CMR 232 (1954) - US "at war" in Korea
United States v. Anderson, 16 USCMA 588, 38 CMR 386 (1968) - US "at war" in
Viet Nam for the purpose of suspending 2-year statute of limitations on
prosecutions for AWOL.

In US v Bancroft, the following factors are suggested as indicative of a
state of war: (1) large numbers of personnel moving to, and on, battlefields
(2) number of casualties (3) sacrifices required (4) "number of recruits who
must be drafted" (5) national emergency legislation (6) number and types of
executive orders (7) amount of money being expended on theater ops.

The Supreme Court hasn't interpreted this stuff since 1800, I gather.

LPa


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