Hencely v. Fluor Corp. · ¶41

But, the Constitution's grant of war powers does not imply that courts must reject any tort claim connected to a war zone, as the Fourth Circuit's rule requires.See 120 F. 4th, at 429. The assignment of those powers to Congress and the Executive has never been understood to bar all war- related tort suits. To the contrary, barring other statutory or constitutional considerations, plaintiffs have been able to enforce their legal rights even when they are violated during war. Only a few years after the adoption of the Constitution, the Court addressed the case of Captain Little, commander of a United States frigate. Little v. Barreme, 2 Cranch 170 (1804) (Marshall, C. J.). Captain Little acted on the Secretary of the Navy's orders and seized a Danish vessel for violating American neutrality laws during the Quasi- War with France. Id., at 176–178. The Court found that the orders exceeded…

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