A week ago, on Nov. 9, @cspan highlighted Korematsu v. U.S. in its #LandmarkCases series: http://www.c-span.org/video/?327715-1/supreme-court-landmark-case-korematsu-v-united-states …
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So, that's what I'm reading tonight before bed.
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Justice Frank Murphy: The exclusion "goes over 'the very brink of constitutional power,' and falls into the ugly abyss of racism."
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Justice Owen Roberts: "I dissent, because I think the indisputable facts exhibit a clear violation of Constitutional rights."
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Justice Robert H. Jackson, dissenting: "if any fundamental assumption underlies our system, it is that guilt is personal & not inheritable."
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More Jackson: "I do not think [the courts] may be asked to execute a military expedient that has no place in law under the Constitution."
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Finally, from the Korematsu majority opinion by Justice Hugo Black: "But hardships are part of war ..."pic.twitter.com/lNMh9uWEbt
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Black, upholding internment camps: "All citizens alike, both in and out of uniform, feel the impact of war in greater or lesser measure."
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Justice Felix Frankfurter concurred, saying the decision "does not carry with it approval of that which Congress and the Executive did."
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@chrisgeidner There goes my bedtime! Love the close of Murphy's dissent. Racism is "utterly revolting" in the U. S.pic.twitter.com/mXZZowv8rw
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@chrisgeidner Nothing like some Strict Scrutiny before bed time.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@chrisgeidner I am usually at least a little convinced by the majority opinion. Not this time. Maybe if I had lived through it?Thanks. Twitter will use this to make your timeline better. UndoUndo
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