On 2/19/17, the 75th Anniversary of the Japanese Internment Order

Bill Ayers

https://monthlyreview.org/2003/07/01/construction-of-an-enemy/

Remember that the US Supreme Court upheld the internment orders in Korematsu v. US., convicting US citizen Fred Korematsu for refusing to comply with the order.  The Korematsu decision has long been viewed as one of the “ante-canon” landmarks of constitutional law, along with Dred Scott and Plessy v Ferguson.  But it has never been overruled by the Supreme Court, so in a sense it lies in wait…

Korematsu’s conviction was finally overturned in 1998 by a California federal court that found that the Supreme Court decision was based on a fraudulent military report, and Clinton gave him a presidential medal of honor.  The dissent of Robert Jackson (former chief US prosecutor in Nuremberg) in Korematsu is worth revisiting today:

“But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such…

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