PSC 324 Lecture Notes - Lecture 23: Bellamy Salute, Judicial Restraint, Caving
12 Sep 2018
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Document Summary
Global war and the constitution: constitutional liberty and equality during wartime. Another look at the flag salute cases. Youngstown sheet & tube v. sawyer (1952) ( steel seizure case: constitutional liberty and equality during wartime. Effort of public schools for wartime unity. Justice jackson: attempts are futile to try to force people to rally around their nation that"s a fundamental violation (court changed mind in 3 years) December 1941 = pearl harbor, in february 1941 = all persons of. Japanese descent must be monitored; concerned about japanese espionage and sabotage. They will later all be round up and ordered into internment camps. Congress ratified the executive order and made it law. Justices are hesitant to second guess presidential orders in wartime. Hirabayashi v. u. s. (1943): unanimous but murphy dissented but in private; violated curfew order in seattle, loses unconstitutionality case in supreme court.
