Charles Schenck, a U.S. citizen, was responsible for printing and distributing leaflets that explained why he was against the draft (required military service) during World War 1. He was charged with violating the Espionage Act of 1917, a federal law that outlawed any action that got in the way of military operations. Charles believed that the law in question violated his right to free speech. In which court would this case be tried, and why?
A. a state court because it involved violation of criminal law
B. the Supreme Court of the United States because it involved constitutional law
C. a county civil court because it involved violation of civil liberties
D. a military tribunal because the matter involved prospective military draftees
I think it's B, but I'm torn between B and D.
It's not D. A military tribunal only applies to people who are IN the military (except for "terrorists" held by the military). Civilians are never tried in a military court. The Supreme Court does not, ever, hold trials. They take appeals from lower courts when the lower courts disagree about federal law. Civil courts? That definition may vary from state to state, but usually that involves someone suing someone, probate of wills and trusts, divorces, etc. Cases involving criminal law usually start in a state court, at the county level. If the charge in this case was brought by a federal prosecutor, it might start in Federal District Court. I am unable to find where the Schenck case started.
so whats the answer
Its B i think
The correct answer is B, the Supreme Court of the United States because it involved constitutional law.
When determining the correct court for a case to be tried, it is important to consider the nature of the legal question at hand. In this case, Charles Schenck's main argument revolved around the violation of his right to free speech, which is protected by the First Amendment of the United States Constitution. As a result, the case involves a constitutional question.
The Supreme Court of the United States is the highest court in the country and has the authority to interpret and rule on constitutional issues. It is tasked with ensuring that laws and actions adhere to the principles outlined in the U.S. Constitution. Therefore, a case challenging the violation of a constitutional right, such as Charles Schenck's case, would be tried in the Supreme Court.
On the other hand, a military tribunal, as mentioned in choice D, is a court that handles cases involving members of the military and is primarily concerned with matters related to the armed forces. While Schenck's case does involve military operations due to his opposition to the draft, the main legal issue centers around his right to free speech rather than military matters. Thus, a military tribunal would not be the appropriate forum for this case.
To summarize, the correct court for Charles Schenck's case to be tried would be the Supreme Court of the United States (choice B) due to its involvement with constitutional law and protection of individual rights such as free speech.