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Opinions
Presidential Authority as Commander in Chief of the Air Force
The President is Commander in Chief of all the armed forces of the United States—the Air Force as well as the Army and the Navy.
Authority to Establish System of Universal Military Training
If Congress enacts legislation along the lines of either of two proposals for the establishment of a system of universal military training, supported by appropriate declarations of policy and findings of fact, such legislation would be well within the constitutional powers of the federal government.
Presidential Appointment of Justice Robert Jackson to Prosecute Axis War Criminals in Europe
The President may appoint Justice Jackson as United States prosecutor of the Axis war criminals in Europe.
Reinstatement of a Federal Judge Following His Service in the Army
The reemployment provisions of the Selective Training and Service Act of 1940 are likely inapplicable to a federal judge.
If the Selective Training and Service Act of 1940 does not run to the benefit of federal judges, Judge William Clark has vacated his judicial office, under the circumstances presented here.
If the Selective Training and Service Act of 1940 does apply, then Judge Clark’s resignation may be immaterial, and the prohibition in the Act of July 31, 1894 against holding a second office probably does not apply.
If Judge Clark’s further judicial services are desired, he should be given a new appointment, subject to Senate confirmation.
Implementation of International Civil Aviation Agreements
If a valid reciprocal arrangement has been entered into between the United States and a foreign country, the Civil Aeronautics Authority is authorized under existing law to grant to a foreign aircraft a permit to fly across the United States without landing or a permit to land for non-traffic purposes.
Presidential Appointment of Foreign Agents Without the Consent of the Senate
There are many precedents to sustain the power of the President, without the advice and consent of the Senate, to appoint special agents or personal representatives for the purpose of conducting negotiations or investigations.
Criminal Liability for Newspaper Publication of Naval Secrets
A reporter who kept or copied a Navy dispatch containing a list of Japanese ships expected to take part in an upcoming naval battle, and later submitted for publication a newspaper article with information from the dispatch, appears to have violated sections 1(b) and 1(d) of the Espionage Act, but it is doubtful he violated sections 1(a) and 2.
Whether the managing editor and publisher of the newspaper that published the article might also be criminally liable under the Espionage Act depends on their intent and knowledge of the facts.
Trials of Newspaper Personnel Accused of Disclosing Naval Secrets
It is probable that the newspaper personnel accused of violating the Espionage Act by disclosing naval secrets can each be tried in any district in which the newspaper containing the secrets was received by a subscriber or newsstand.
The newspaper personnel would be entitled to separate trials unless a conspiracy to violate the Espionage Act can be shown.
Senatorial Courtesy
The custom known as “senatorial courtesy,” whereby certain nominations to federal office have been objected to by an individual senator on the ground that the person nominated is not acceptable to him, appears recently to have been limited to local offices of the federal government.
Removal of Japanese Aliens and Citizens From Hawaii to the United States
Japanese who are aliens can be brought to the continental United States from Hawaii and interned under the provisions of 50 U.S.C. § 21. This statute, however, is probably not applicable to the Japanese who are American citizens.
Although not free from doubt, an argument can be made for removing Japanese who are American citizens from Hawaii to a restricted zone in the United States on grounds of military necessity.
In view of the changed conditions of modern warfare, the Supreme Court would likely follow the views of the dissenting justices in Ex parte Milligan, sustaining a declaration of martial law in places outside the zone of active military operations upon a showing of military necessity for such action. From the nature and purpose of martial law, it would seem to be properly applicable to particular areas rather than to particular persons.