It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Japanese American internment refers to the forcible relocation and internment in 1942 of approximately 110,000 Japanese nationals and Japanese Americans to housing facilities called "War Relocation Camps", in the wake of Imperial Japan's attack on Pearl Harbor.[1][2] The internment of Japanese Americans was applied unequally throughout the United States. Japanese Americans residing on the West Coast of the United States were all interned, whereas in Hawaii, where more than 150,000 Japanese Americans composed nearly a third of that territory's population, only 1,200[3] to 1,800 Japanese Americans were interned.[4] Of those interned, 62 percent were United States citizens.[5][6]
President Franklin Delano Roosevelt authorized the internment with Executive Order 9066 on February 19, 1942, which allowed local military commanders to designate "military areas" as "exclusion zones", from which "any or all persons may be excluded." This power was used to declare that all people of Japanese ancestry were excluded from the entire Pacific coast, including all of California and most of Oregon and Washington, except for those in internment camps.[7] In 1944, the Supreme Court upheld the constitutionality of the exclusion orders,[8] while noting that the provisions that singled out people of Japanese ancestry were a separate issue outside the scope of the proceedings.
The truth is—as this deplorable experience proves—that constitutions and laws are not sufficient of themselves...Despite the unequivocal language of the Constitution of the United States that the writ of habeas corpus shall not be suspended, and despite the Fifth Amendment's command that no person shall be deprived of life, liberty or property without due process of law, both of these constitutional safeguards were denied by military action under Executive Order 9066. - Former Supreme Court Justice Tom C. Clark
Article I, Section 9 of the U.S. Constitution states "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." but the clause's location implies this authority is vested in Congress, rather than the President.
President Abraham Lincoln suspended habeas corpus during the Civil War. On February 19, 1942, President Franklin D. Roosevelt followed in his footsteps by signing Executive Order 9066, permitting exclusion of persons from wartime military zones.
Several significant legal decisions arose out of Japanese American internment, relating to the powers of the government to detain citizens in wartime. Among the cases which reached the Supreme Court were Yasui v. United States (1943), Hirabayashi v. United States (1943), ex parte Endo (1944), and Korematsu v. United States (1944). In Yasui and Hirabayashi the court upheld the constitutionality of curfews based on Japanese ancestry; in Korematsu the court upheld the constitutionality of the exclusion order. In Endo, the court accepted a petition for a writ of habeas corpus and ruled that the WRA had no authority to subject a citizen whose loyalty was acknowledged to its procedures.
It is important to note that the rulings of the US Supreme Court in the 1944 Korematsu and Hirabayashi cases, specifically, its expansive interpretation of government powers in wartime, were not overturned. They are still the law of the land because a lower court cannot overturn a ruling by the US Supreme Court. However, the coram nobis cases totally undermined the factual underpinnings of the 1944 cases, leaving the original decisions without the proverbial legal leg to stand on.[58] But in light of the fact that these 1944 decisions are still on the books, a number of legal scholars have expressed the opinion that the original Korematsu and Hirabayashi decisions have taken on an added relevance in the context of the War on terror.
Originally posted by OmegaLogos
reply to post by Xtinguish
Disclaimer: Redacted by Author...Its still 100% applicable! See it HERE!
Explanation: You state and I quote you directly "Of course we have rights." [Edited by OmegaLogos to show and highlight the privileged demographic Re: "we" :shk: ].....EPIC FAIL!
Personal Disclosure: Then you type this load of excrement and again I quote you directly "If the American people would stop being a bunch of apathetic chicken #s, and stand up to their government we'd have the moral high ground because of our rights."....And like Tonto said "Who is we?". I'm personally AUSTRALIAN and therefor don't qualify for your oh so privileged demographics of "we'd" and "our" er rr ehhhh ummm "rights!"?
Originally posted by OmegaLogos
reply to post by Xtinguish
Personal Disclosure: OI! blind.face ! WTF??? I'm not the OP but yes I am watching the vids as and when they d/l and will comment on them ALL.