Duncan v. Kahanamoku
Encyclopedia
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.
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.
Hirabayashi v. United States
Hirabayashi v. United States, 320 U.S. 81 , was a case in which the United States Supreme Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. Yasui v...
, Korematsu v. United States
Korematsu v. United States
Korematsu v. United States, 323 U.S. 214 , was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II....
and Ex parte Endo
Ex parte Endo
Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 , was a United States Supreme Court decision, handed down on December 18, 1944, the same day as their decision in Korematsu v. United States...
) because it involved wartime curtailment of fundamental civil liberties under the aegis of military authority.
While Duke Kahanamoku
Duke Kahanamoku
Duke Paoa Kahinu Mokoe Hulikohola Kahanamoku was a Hawaiian swimmer, actor, lawman, early beach volleyball player and businessman credited with spreading the sport of surfing. He was a five-time Olympic medalist in swimming.-Early years:The name "Duke" is not a title, but a given name...
was a military police
Military police
Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...
officer during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he arrested Duncan for public intoxication
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
. At the time, Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, not yet a state, was being administered under the Hawaiian Organic Act
Hawaiian Organic Act
The Hawaiian Organic Act of April 30, 1900 was a United States federal law enacted to provide a government for the territory of Hawaii.-Background:...
which effectively instituted martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the 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.