Note 89 — AMENDMENT 5

Johnson v. Eisentrager, 339 U.S. 763 (1950); cf. In re Yamashita, 327 U.S. 1 (1946). Both decisions were reached by a divided Court. In the Yamashita Case, Justices Rutledge and Murphy dissented on the ground that the due process clause applies to every human being, including enemy belligerents.