The 1944 Korematsu Supreme Court Decision

Author(s):  
Eric K. Yamamoto

This chapter unravels the World War II majority and dissenting opinions in Korematsu v. United States, describing the recited factual foundations of the Court’s ruling (along with the dissenters’ sharp counterpoints) and detailing the Court’s announced strict scrutiny standard alongside its actual extremely deferential judicial review. In closely examining the Japanese American internment (exclusion and incarceration) case, it concisely examines the documents and written and oral arguments about military necessity advanced by the government (and accepted by the Court majority), along with Justice Murphy’s factual rejoinders and condemnation of the majority’s complicity in the government’s descent into “the ugly abyss of racism.” It closes by examining Justice Jackson’s Korematsu “loaded weapon” warning, along with contemporary views of the warning’s relevance.

Author(s):  
Amanda L. Tyler

The book concludes by arguing that the current state of American habeas jurisprudence should trouble anyone who cares about the Constitution. As the chapters of the book reveal, the War on Terror Supreme Court decision in Hamdi v. Rumsfeld and the World War II internment of Japanese Americans stand entirely at odds with everything the Founding generation sought to achieve with the Suspension Clause. Specifically, the origins and long-standing interpretation of the Suspension Clause understood it to prohibit the government, in the absence of a valid suspension, from detaining persons who can claim the protection of domestic law outside the criminal process, even in wartime.


Author(s):  
Amanda L. Tyler

The experience of World War II and the precedent of the Japanese American internment dramatically altered the political and legal landscape surrounding habeas corpus and suspension. This chapter discusses Congress’s enactment of the Emergency Detention Act of 1950 along with its repeal in 1971. It further explores how in the wake of the terrorist attacks of September 11, 2001, questions over the scope of executive authority to detain prisoners in wartime arose anew. Specifically, this chapter explores the Supreme Court’s sanctioning of the concept of the “citizen-enemy combatant” in its 2004 decision in Hamdi v. Rumsfeld and evaluates Hamdi against historical precedents. Finally, the chapter explores how Hamdi established the basis for an expansion of the reach of the Suspension Clause in other respects—specifically, to the U.S. Naval Base at Guantanamo Bay, Cuba.


2018 ◽  
Vol 72 (3) ◽  
pp. 304-316
Author(s):  
Anne M. Blankenship

During the World War II incarceration of Japanese Americans, visions of a peaceful new world order led mainline Protestants to manipulate the worship practices of incarcerated Japanese Americans ( Nikkei) to strengthen unity of the church and nation. Ecumenical leaders saw possibilities within the chaos of incarceration and war to improve themselves, their church, and the world through these experiments based on ideals of Protestant ecumenism and desires for racial equality and integration. This essay explores why agendas that restricted the autonomy of racial minorities were doomed to fail and how Protestants can learn from this experience to expand their definition of unity to include pluralist representations of Christianity and America as imagined by different sects and ethnic groups.


2018 ◽  
pp. 130-138
Author(s):  
Volodymyr Chornyi

The article analyses one of the most grievous chapters in the history of Ukrainian nation – the Great Famine (Holodomor) of 1932–1933. It is referred to the massive famine that was deliberately organized by the Soviet authorities, which led to many millions hu-man losses in the rural area in the territory of the Ukrainian SSR and Kuban. Planned confiscation of grain crops and other food products from villagers by the representatives of the Soviet authorities led to a multimillion hunger massacre of people in rural area. At the same time, the Soviet government had significant reserves of grain in warehouses and exported it abroad, since without collectivization and Ukrainian bread it was impossible to launch the industrialization that demanded Ukrainian grain to be contributed to foreigners in return for their assistance. Ukrainian grain turned into currency. The authorities of that time refused to accept foreign assistance for starving people and simultaneously banned and blocked their leaving outside the Ukrainian SSR. The so-called “barrier troops” were organized in order to prevent hungry people from flee to the freedom and not let anyone enter the starving area. The situation is characterized by the fact that the idea and practice of barrier troops tested on Ukrainians were lately used on the battlefields of the World War II. Among three Holodomors, the government did not conceal only the first one (1921–1922), as it could be blamed on the tsarist regime that brought the villagers to the poverty, and post-war devastation. The famine of 1946–1947 was silenced, but the population generally perceived it as a clear consequence of two horrendous misfortunes – the World War II and dreadful drought. Especially rigid was position of the government regarding the very fact of genocide in 1933–1933 not only its scale. The author emphasizes that the Great Famine is refused to be admitted not because it was unreal but to avoid the assessment of its special direction against Ukraine and Ukrainian nation, saying instead that it affected the fate of all nations. The article describes the renovation of internal passports system and the obligatory registration at a certain address that took place in the USSR in 1932. Decree of the Council of People’s Commissars of the USSR stipulated the fact that people living in rural areas should not obtain passports. Therefore, collective farmers of the Ukrainian SSR actually did not obtain passports. The villagers were forbidden to leave collective farms without signed agreement with the employer, that deprived them of the right to free movement. Even after the introduction of labour books the collective farmers did not obtain them either. The author describes the destruction of the collective farms system that his parents dedicated their entire labour life to. Instead of preserving productive forces, material and technical base and introducing new forms of agrarian sector management and the whole society to the development path, this system has been thoughtlessly destroying and plundering. Keywords: Holodomor, Ukrainian villagers, collectivization, genocide, confiscation, barrier troops.


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