114k views
3 votes
Describe a situation in which military rule would take precedence over civilian authority according to the Court’s ruling.

User Darwayne
by
3.5k points

2 Answers

6 votes

Final answer:

Military rule may take precedence over civilian authority during times of war or national security threats.

Step-by-step explanation:

A situation in which military rule would take precedence over civilian authority according to the Court's ruling is during times of war or national security threats. For example, during World War II, the Roosevelt administration interned Japanese Americans and tried them in military courts instead of the civilian justice system. The Supreme Court upheld this decision in Ex parte Quirin. Similarly, in response to the 9/11 attacks, the Bush and Obama administrations detained suspected terrorists and sought to avoid civilian trials. In these cases, national security concerns were prioritized over individual liberties.

User Yeyeyerman
by
3.7k points
4 votes

Answer:

In simple words, if any country in any scenario lacks the civilian courts, then military courts rulings will take precedence. These courts will be run by the officials and representatives of the armed forces and will act according to the martial laws.

There could be many more situations under which the rulings of court will take precedence, such as serious war situations etc.

User Cobaco
by
3.6k points