[Cite as Johnson v. Eisentrager, 339 U.S. 763, 784 (1950). NOTE: This decision concerns German nationals accused of war crimes for assisting Japan after the surrender of Germany, but prior to the surrender of Japan. The German prisoners claimed Fifth Amendment violations. The Court denied the Germans could claim Fifth Amendment protections. To make its point, the Court referred to application of the rest bill of rights to hostile combatants as absurd. IThe Court listed the First, Fourth, Fifth and Sixth amendments as "companion civil-rights" along with the "right to bear arms as in the Second."(P. 784 this page)]
[Johnson v. Eisentrager continued
Return to pages 763-783 (Majority opinion).
Currently at page 784 (Majority opinion cont.).
Proceed to pages 785-790 (Majority opinion cont.).
Proceed to pages 791-798 (Black, dissent).]
The decision below would extend coverage of our Constitution to nonresident alien enemies denied to resident alien enemies. The latter are entitled only to judicial hearing to determine what the petition of these prisoners admits: that they are really alien enemies. When that appears, those resident here may be deprived of liberty by Executive action without hearing. Ludecke v. Watkins, 335 U.S. 160. While this is preventive rather than punitive detention, no reason is apparent why an alien enemy charged with having committed a crime should have greater immunities from Executive action than one who it is only feared might at some future time commit a hostile act.
If the Fifth Amendment confers its rights on all the world except Americans engaged in defending it, the same must be true of the companion civil-rights Amendments, for none of them is limited by its express terms, territorially or as to persons. Such a construction would mean that during military occupation irreconcilable enemy elements, guerrilla fighters, and "werewolves" could require the American Judiciary to assure them freedoms of speech, press, and assembly as in the First Amendment, right to bear arms as in the Second, security against "unreasonable" searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments.
Such extraterritorial application of organic law would have been so significant an innovation in the practice of governments that, if intended or apprehended, it could scarcely have failed to excite contemporary comment. Not one word can be cited. No decision of this Court supports such a view. Cf. Downes v. Bidwell, 182 U.S. 244. [paragraph continues next page]
[Return to pages 763-783 (Majority opinion).
Currently at page 784 (Majority opinion cont.).
Proceed to pages 785-790 (Majority opinion cont.).
Proceed to pages 791-798 (Black, dissent).]