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If George Washington Did It, Does that Make It Constitutional?: History's Lessons for Wartime Military Tribunals
17/17 checkable references clean · checked 2026-07-25
Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.
61 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.
The 17 checked references that resolve
resolves10.2307/3202380
Through the Looking-Glass: The Confederate Constitution in Congress, 1861-1865
resolves10.1086/ahr/97.2.619-a
Mark E. Neely, Jr. <i>The Fate of Liberty: Abraham Lincoln and Civil Liberties</i>. New York: Oxford University Press. 1991. Pp. xvii, 278. $24.95
resolves10.1163/ilwo-vh9
V.H.9 Convention for the Conservation of Antarctic Seals (11 Feb 72). See Basic Document V.D.3, supra
resolves10.1163/2468-1733_shafr_sim040120012
Papers Relating to the Treaty with Spain. 56th Cong., 2d Sess., Sen. Doc. 148
resolves10.1037/e495322006-001
Hearing Before the Senate Subcommittee on Governmental Affairs--"Ecstasy Abuse and Control"
resolves10.1163/2468-1733_shafr_sim230020028
Economic Sanctions against Rhodesia. Hearings. 92nd Cong., 1st sess., June 17, 1971, and June 22, 1971
resolves10.33137/pbsc.v25i1.17637
<i>A Guide to the Holdings of Queen's University Archives</i>, Anne MacDermaid and George F. Henderson, eds
resolves10.1086/ahr/70.1.187
Alexander Hamilton and the Constitution. By <i>Clinton Rossiter</i>. (New York: Harcourt, Brace and World. 1964. Pp. x, 372. $6.75)
The 61 references without a DOI — listed, not checked
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no DOI — not checkedBen�t's sole basis for this reading was the statutory term "whosoever
no DOI — not checkedCourt Martial Case Files, 12/1800-10/1894; Case of Ulyssses C. Vannosdoff-Citizen (Headquarters, W. Dep't
no DOI — not checkedconvicted another Missouri civilian, Isaac Wilcox, for "[t]reason against the Government of the United States," based upon similar facts, and without express reference to Articles 56 and 57. See Records of the Office of the Judge Advocate General (Army)
no DOI — not checkedCourt Martial Case Files, 12/1800-10/1894; Case of Isaac Wilcox-Citizen
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no DOI — not checkedto the military establishment may be proceeded against for the acts mentioned in the article"; if so, however, it was "by virtue of the power of another jurisdiction, namely, martial law; and martial law does not owe its existence to legislation but to necessity
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no DOI — not checked39 Stat. 619, 663. Congress did not repeal the 1863 version of the spying provision, which continued to appear in the federal code as section 1343 of the United States Revised Statutes. From 1916 to 1950, therefore, the code included two complementary wartime spying provisions. For present purposes, there were no material differences between them. 692. Id. at 651. 693. JUDGE ADVOCATE GENERAL'S OFFICE, A MANUAL FOR COURTS-MARTIAL
no DOI — not checkedwas not found in the 81st Article itself. Presumably, that was Crowder's effort, following Winthrop, to salvage the constitutionality of the broad reading-by limiting it to circumscribed locations
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no DOI — not checkedOral History Collection, Columbia University
no DOI — not checked) (on file with the Department of Justice, National Archives and Records Admin., Case File 190470, Section 5, Record Group 60, Box 2818), reprinted in 56 CONG
no DOI — not checkedBloodgood). 713. See id. 714. Id. at 9. 715. Id. at 5. 716
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no DOI — not checkedBerger was elected to the House of Representatives that November, after he had been convicted of the Espionage Act offenses. The House voted 309-1 to deny Berger his seat, however-and did the same after he prevailed again in a special election shortly thereafter. In 1921, the Supreme Court overturned Berger's conviction on the ground that Berger and his codefendants had sufficiently alleged anti-German animus on the part of the trial judge
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no DOI — not checkedBox 1, folder 6); Letters from Charles Warren to Senators Henry Cabot Lodge and Frank B. Kellogg
no DOI — not checkedall conduct, and speech
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no DOI — not checkedGard
no DOI — not checkedRecord Group 60, Box 2821). 738. Id. at 2. 739. Id. 740. Id. at 2-3. 741. Letter from Charles Warren to "Gard," supra note 736, at 1. 742. Letter from Attorney General Thomas F. Gregory to Rep. William Gordon, supra note 711, at 2, 56 CONG. REC. APP. at 308. 743. Letter from President Wilson to Senator Overman
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no DOI — not checkedSenator Chamberlain also borrowed heavily from the Warren memorandum in an extended interview he gave to the New York Times, justifying his proposal after it had been roundly criticized and withdrawn
no DOI — not checkedAnd as to individuals who were enemy aliens, Warren argued that Congress had "plenary power" to subject them to military trial, without regard to constitutional limitations. Warren, supra note 745, at 220-23. That argument was mistaken, see supra Section II.B.3.b, and Attorney General Gregory specifically rejected it. See Warren Letter to "Gard," supra note 736, at 2; Trial of Spies by Military Tribunals, 31 OP. ATT'Y GEN
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no DOI — not checkedSimilarly, on one occasion during the Civil War, President Lincoln confessed to acting "without any authority of law
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no DOI — not checkedThat deference to the first Congresses' understanding of the Constitution disappeared in Marbury: The Court held that section 13 of the Judiciary Act of 1789, 1 Stat. 80, which the Court construed to give the Court original jurisdiction to issue writs of mandamus to public officers, was inconsistent with Article III. Marbury v
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