te rents by virtue of the
war power ended with the Presidential proclamation terminating
hostilities on December 31, 1946. This decision was coupled with a
warning that: "We recognize the force of the argument that the effects
of war under modern conditions may be felt in the economy for years and
years, and that if the war power can be used in days of peace to treat
all the wounds which war inflicts on our society, it may not only
swallow up all other powers of Congress but largely obliterate the Ninth
and the Tenth Amendments as well. There are no such implications in
today's decision."[1290] In 1948, a sharply divided Court further ruled
that the power which Congress has conferred upon the President to deport
enemy aliens in time of a declared war was not exhausted when the
shooting war stopped. Speaking for the majority of five, Justice
Frankfurter declared: "It is not for us to question a belief by the
President that enemy aliens who were justifiably deemed fit subjects for
internment during active hostilites [sic] do not lose their potency for
mischief during the period of confusion and conflict which is
characteristic of a state of war even when the guns are silent but the
peace of Peace has not come."[1291]

Private Rights in Wartime

ENEMY COUNTRY

Although, broadly speaking, the constitutional provisions designed for
the protection of individual rights are operative in war as well as in
peace, the incidents of war repeatedly give rise to situations in which
judicially enforceable constitutional restraints are inapplicable. In
the first place persons in enemy territory are entirely beyond the reach
of constitutional limitations. They are subject, in relation to the war
powers of the National Government, to the laws of war as interpreted and
applied by Congress and by the President as Commander in Chief. To the
question: "What is the law which governs an army invading an enemy's
country?" the Court gave the following answer in Dow _v._ Johnson:[1292]
"It is not the civil law of the invaded country; it is not the civil law
of the conquering country: it is military law,--the law of war,--and its
supremacy for the protection of the officers and soldiers of the army,
when in service in the field in the enemy's country, is as essential to
the efficiency of the army as the supremacy of the civil law at home,
and, in time of peace, is essential to the preservation of
liberty."[1293]

THEATRE OF MILITARY OPER