Reading questions for Tuesday, October 9

Ex parte Quirin

1.  What role did Congress play is establishing the World War II military commissions?  What is the source of Congress’ authority to establish military commissions?
2.  What role did the President play in establishing the World War II military commissions?  What is the source of the President’s authority to establish military commissions?
3. What distinction does the Court recognize between lawful combatants and unlawful combatants? 
4.  Why does the Court rule that Ex parte Milligan is not applicable in this case?