Example:
So in Hirabayashi v. United States, the Supreme Court upheld Congress’s Power to put all the Japanese citizens in America into internment camps, because it fell under War power. Because “the [war] power is not restricted to winning victories in the field and the repulse of enemy forces. It embraces every phase of the national defense.” Additionally, the court said that “The War Powers under the Constitution extend to every matter and activity so related to war as substantially to affect its conduct and progress.”
…Which is basically the Supreme Court saying, “Look, it’s 1943 and WE’RE AT WAR WITH JAPAN. It DOESN’T MATTER if you just sent off all your sons to fight against the Emperor; you GUYS LOOK JAPANESE AND DIFFERENT SO CLEARLY YOU GUYS WILL SIDE WITH THE EMPEROR, DESPITE BEING AMERICAN CITIZENS AND SHIT. So…we HAVE to lock you guys up! It’s a matter of national security!”
…which is REALLY, REALLY ironic, since in 1934 (11 years before Hirabayashi), the court ruled in Home Building & Loan Association v. Blaidsell that “even the war power does not remove constitutional limitations safeguarding essential liberties.”
…Want to know what’s an “essential liberty” granted by the Constitution? Right to fair trial. Habeas Corpus. The right to be free from cruel and unusual punishment. The right of American citizens to be “secure in their persons, houses, papers and effects, against unreasonable searches and seizures.”
And THE 14TH AMENDMENT: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of its laws.”
…..So Supreme Court…wanna back up and explain your racism?
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