| Book Review | The Journal of American History, 91.1

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| Book Review | The Journal of American History, 91.1 | The History Cooperative

Book Review

Nazi Saboteurs on Trial: A Military Tribunal and American Law. By Louis Fisher. (Lawrence: University Press of Kansas, 2003. xviii, 193 pp. $29.95, ISBN 0-7006-1238-6.)

Louis Fisher's account of the Supreme Court case of Ex parte Quirin (1942) could not be more timely. Most scholars who have written about the landing of eight Nazi would-be saboteurs on these shores, their quick capture, the Court's denial of their petition for access to civilian courts, and their trial and condemnation by a military tribunal have concluded that the Court cravenly deferred to the executive branch and in the process struck a serious blow against the rule of law. Alpheus Thomas Mason, for one, declared that "the judiciary was in danger of becoming part of an executive juggernaut" ("Inter Arma Silent Leges," Harvard Law Review, March 1956, p. 806). For Mason and other scholars, the issue was not whether the bumbling conspirators were guilty of crimes against the United States, but whether the executive branch's actions violated the Constitution and what the judiciary should have done in response.

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