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The Stone Court (1941–46)

Commerce Clause

How did the Court in Quirin rule against positions taken by both the government and the saboteurs?

The Court ruled against the government in a limited but important sense because it ruled that the saboteurs did have a right to judicial review in the U.S. Supreme Court. The Court wrote that “there is certainly nothing in the Proclamation [by President Roosevelt] to preclude access to the courts for determining its applicability to the particular case.” However, the Court clearly ruled against the saboteurs and for the government by upholding the right of the president to create the Military Commission and charge the saboteurs with “unlawful belligerency.”



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