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Lecture

American Constitutional and Legal History 14.docx

3 Pages
86 Views

Department
Law
Course Code
LAWS 2180
Professor
Alan Rogers

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Korematsu v. United States (1944) • Context: Pearl Harbor and the Japanese Relocation Camps. • Korematsu: Executive Order 9066 allowed Military Commanders to declare the west coast a military area which allowed them to get around civilian law according to… • Ex Parte Milligan (1863): Court said that the Military Court did not have authority in Indiana where there was no conflict and the Civilian Court had the authority. • Problem: violation of the 14 amendment and the right to due process under law because the order was specified by race. • Court had to decide the constitutionality of Executive Order 9066. • Justice Black: convinced that the order was ok because of the dire and hard times of war so tough decisions can be made. Korematsu was taken due to the War with Japan not due to his racial descent. Everson V. Board of Education (1947) • Law in New Jersey providing bus transportation for all children in private Catholic school. • Establishment Clause: 1 amendment prohibits Government establishing a state religion but must also anything that leads towards establishing a religion. The bus law was seen as doing such and therefore violated this clause. 14 amendment applies the 1 amendment to the state of New Jersey. • Justice Black: this i
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