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For example,in Korematsu case, the War Power Clause of the U.S. Constitution sent the Japanese to the relocation camp which took away their liberty or freedom,was that act constitutional??

2007-03-22 11:19:13 · 1 answers · asked by Carmen 0_o" 2 in Politics & Government Government

1 answers

It wasn't the War Powers clause. That just gives Congress the sole authority to declare war.

The Supreme Court simply dropped the ball, and ignored the requirements of the 5th Amendment Due Process clause, and the 6th Amendment rights regarding detention, by applying the 14th Amendment and allowing racial discrimination.

The holding was that such detention was absolutely necessary for the security of the country, and that nothing less than that detention would suffice.

It's one of their greatest travesties of justice. But it's never been overturned, so technically under the law, it was considered constitutional. And shame on them for that.

2007-03-22 11:35:27 · answer #1 · answered by coragryph 7 · 0 0

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