Note 722 — Chapter X · JUDICIAL REVIEW

Note, cf., Duncan v. Kahanamoku, 327 U.S. 304 (1946), in which Justice Black on behalf of the majority was careful to rest upon statutory interpretation his 1946 (post mortem) invalidation of certain aspects of military rule in the Hawaiian Islands during the War. Dissenting, Burton and Frankfurter asked the Justices in the majority whether the latter, if obliged to dispose of the case during the conduct of the war, would have reached the same conclusion and whether their holding would have been enforced by the Executive.