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Old February 27, 2009, 11:51 AM   #57
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 1,653
Quote:
The Japanese Internment was actually upheld by the Supreme Court as constitutional in Korematsu but later rejected and overturned.
Korematsu was charged with evading the exclusion order. His personal conviction was overturned decades later, but the Supreme Court decision upholding the exclusion order has not been overturned.

I confess a fondness for Jackson's dissent. It is to the point and modest.

Quote:
Originally Posted by Jackson
My duties as a justice, as I see them, do not require me to make a military judgment as to whether General DeWitt's evacuation and detention program was a reasonable military necessity. I do not suggest that the courts should have attempted to interfere with the Army in carrying out its task. But I do not think they may be asked to execute a military expedient that has no place in law under the Constitution. I would reverse the judgment and discharge the prisoner.
http://www.law.cornell.edu/supct/htm..._0214_ZD2.html

Last edited by zukiphile; February 27, 2009 at 12:38 PM.
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