No person shall be deprived of life, liberty, or property, without due process of law;
US Constitution 5th Amendment
MR. JUSTICE BLACK delivered the opinion of the Court.
After serving with the United States Air Force in Korea, Robert W. Toth was honorably discharged. He returned to his home in Pittsburgh and went to work in a steel plant. Five months later he was arrested by military authorities on charges of murder and conspiracy to commit murder while an airman in Korea. 1 At the time of arrest he had no relationship of any kind with the military. He was taken to Korea to stand trial before a court-martial under authority of a 1950 Act of Congress. 2 The Court of Appeals sustained the Act, rejecting the contention that civilian ex-servicemen like Toth could not constitutionally be subjected to trial by court-martial. 94 U.S. App. D.C. 28, 215 F.2d 22. We granted certiorari to pass upon this important constitutional question. 348 U.S. 809 . 3
The 1950 Act cannot be sustained on the constitutional power of Congress "To raise and support Armies," "To declare War," or to punish "Offences against the Law of [350 U.S. 11, 14] Nations." 4
And this assertion of military authority over civilians cannot rest on the President's power as commander-in-chief, or on any theory of martial law. See Ex parte Milligan, 4 Wall. 2, 124-127. The Government's contention is that the Act is a valid exercise of the power granted Congress in Article I of the Constitution "To make Rules for the Government and Regulation of the land and naval Forces," as supplemented by the Necessary and Proper Clause. 5
U.S. Supreme Court
TOTH v. QUARLES, 350 U.S. 11 (1955)
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