The U.S. Supreme Court case Johnson v. Eisentrager in 1949 involved German nationals who were captured by the U.S. military during World War II and tried for war crimes in China, where they were stationed at the time of their capture. The defendants claimed that their trial was unconstitutional because it took place outside of the United States and without a jury, violating their rights under Articles I and III of the Constitution as well as the Fifth Amendment's due process clause. However, in a 6-3 decision led by Justice Robert H. Jackson, the court ruled against them stating that non-resident enemy aliens do not have access to American courts while detained abroad during wartime since they are not protected by constitutional rights or privileges unless explicitly stated so by Congress or Presidential order. This landmark ruling established important precedents regarding jurisdictional limits on constitutional protections for foreign nationals held overseas which has been cited numerous times including cases related to detainees at Guantanamo Bay.

In the dissenting opinion for Johnson v. Eisentrager, Justice Hugo Black argued that non-U.S. citizens should be granted constitutional rights and protections, including habeas corpus - a legal action through which detainees can seek relief from unlawful imprisonment. He contended that denying these individuals their basic human rights was inconsistent with American principles of justice and due process under law. Furthermore, he expressed concern over the majority's decision to deny jurisdiction based on geographic location or citizenship status as it could potentially allow U.S officials to abuse power without any judicial oversight or accountability in foreign territories.