Question: Can U.S. Citizen be tried by the military commission under the Constitution and laws of the United States? Make arguments on both sides as to why or why not U.S. cannot be tried by the military commission. To answer this question, rely on the material studied in Unit 7, the statutes provided in the fact pattern, and other relevant cases or legal principles studied throughout the course. Explain Supreme Court cases in detail
IMPORTANT NOTES THAT WILL GUIDE YOU WHEN WRITING THIS ASSIGNMENT
The Constitution and laws of the United States provide that no one can be tried by military commission unless they have committed crimes against the United States in wartime. To be a member of an enemy force or organization, you must be captured by our armed forces during wartime. If this happens, your rights under this article will not apply – instead, they will be subject to this military commission or other lawful process subject to direction of the President as Commander-in-Chief acting pursuant to his powers under Article 2 of our Constitution.
A U.S. citizen can be tried by a military commission under the Constitution and laws of the United States if he is a member of an enemy force or organization which seeks to harm our nation, its allies, or its interests in any way.
A citizen who joins such forces does not lose his citizenship rights on becoming so involved with them; rather he simply forfeits those rights when engaging in hostilities against us as those forces are no longer considered “friendly.”
If you are captured during wartime by an enemy force or organization and are found to be either a member of such an enemy force or organization, you will not be eligible for trial before any court of law in this country. Instead, you will be subject to this military commission or other lawful process subject to the direction of the President as Commander in Chief of the Armed Forces, acting pursuant to his powers under Article 2 of our Constitution.
This statement is true even if your crime was committed outside U.S. territory (for example: “I took my wife out on a date”). In that case, there would still be no right for American civilians who committed crimes against their fellow citizens during wartime—which means they could be tried by military commissions under those circumstances too!
No one can be tried by military commission unless they have committed crimes against the United States in wartime. Military commissions are not courts of law; they are military proceedings, which are governed by the Uniform Code of Military Justice (UCMJ), as well as other rules and procedures established by Congress to govern them.
The UCMJ defines a crime as an act or omission that violates one or more laws or regulations governing conduct within an armed forces member’s chain of command. For example: if you steal from your company commander, this would be considered a crime under the UCMJ because it violates an order from your superior officer who makes decisions about what is considered proper behavior for members of his command structure to follow.
In addition to being subject to prosecution under these guidelines—which also apply when members commit acts outside their chain of command—all U.S.-based service members must obey orders given by their superiors without question.”
If you are a U.S. citizen who is captured during wartime by an enemy force or organization and are found to be either a member of such an enemy force or organization, you will not be eligible for trial before any court of law in this country. Instead, you will be subject to this military commission or other lawful process subject to the direction of the President as Commander in Chief of the Armed Forces, acting pursuant to his powers under Article 2 of our Constitution.
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