Post A Reply
my profile
|
directory
login
|
search
|
faq
|
forum home
»
Flare Sci-Fi Forums
»
Community
»
The Flameboard
»
"...you can forget about civil rights."
» Post A Reply
Post A Reply
Login Name:
Password:
Message:
HTML is enabled.
UBB Code™ is enabled.
[QUOTE]Originally posted by Jay the Obscure: [QB] One point, in [i]Ex Parte Endo[/i], the Court found that the War Relocation Authority did not have the power to hold Mitsuye Endo, a loyal and law-abiding citizen. The Court did not go so far as to declare Executive Order No. 9066 unconstitutional however. Mr. Justice Douglas wrote in the opinion for the Court: [QUOTE]...we do not come to the underlying constitutional issues which have been argued. For we conclude that, whatever power the War Relocation Authority may have to detain other classes of citizens, it has no authority to subject citizens who are concededly loyal to its leave procedure.[/QUOTE]Mr. Justice Roberts wrote in a concuring opinion: [QUOTE]I conclude, therefore, that the court is squarely faced with a serious constitutional question,-whether the relator's detention violated the guarantees of the Bill of Rights of the federal Constitution and especially the guarantee of due process of law. There can be but one answer to that question. An admittedly loyal citizen has been deprived of her liberty for a period of years. Under the Constitution she should be free to come and go as she pleases. Instead, her liberty of motion and other innocent activities have been prohibited and conditioned. She should be discharged.[/QUOTE]However, in [i]Korematsu[/i], deliverd on the same day as [i]Endo[/i], the Court basicly because of the war that the War Relocation Authority could demand out of military necessity [QUOTE]...that all citizens of Japanese ancestry be segregated from the West Coast temporarily...[/QUOTE]but stopped short of fully deciding the constitutionality internment of citizens by saying [QUOTE]We cannot-by availing ourselves of the calm perspective of hindsight-now say that at that time these actions were unjustified.[/QUOTE]So, basicly they side-stepped the issue. [/QB][/QUOTE]
Instant Graemlins
Instant UBB Code™
What is UBB Code™?
Options
Disable Graemlins in this post.
*** Click here to review this topic. ***
© 1999-2024 Charles Capps
Powered by UBB.classic™ 6.7.3