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HeyBub[_3_] HeyBub[_3_] is offline
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aemeijers wrote:
On 7/16/2011 7:28 PM, HeyBub wrote:
(snip)
Secondly: There was no "injustice" in locking up the Japanese - at
least not in the legal sense. The president's executive order (#
9066) was issued in February 1942. It remained on the books for over
30 years until it was rescinded by President Ford in 1966. Executive
Order 9066 was never challenged in court.


Actually, yes it was, but SCOTUS rolled over and went along with the
racist politics of the time, as well as not wanting to challenge the
legitimacy of anything the military did. See Korematsu v. United
States (No. 22) 140 F.2d 289, affirmed.


Ah, you're right! I completely forgot about Korematsu. Shows what relying on
memory instead of the internet will do.

Still, as Nixon said, "If the president orders it, it is legal" is the
foundation of Article II of the Constitution. As one appellate judge said:
"If the country doesn't like a decision of the president, he can be replaced
at the next election."


Many echoes of that period show up in the debates about Gitmo. Funny
how blond and blue-eyed folk are seldom held without trial and locked
up without recourse, no matter what sins they are suspected of.


Racist! You're implying that non-Aryans are the source of all evil!