Muslim Travel Ban and Japanese Internment: Ugly History Repeats Itself
In his Civil Rights & Civil Liberties column, Christopher Dunn compares the ban on citizens of a group of predominantly Muslim countries from entering the United States, to the internment of Japanese Americans during World War II.
August 03, 2018 at 02:45 PM
2 minute read
Korematsu v. United States Trump v. Hawaii— Korematsu Trump Korematsu Korematsu Trump Korematsu |
The Japanese Internment Cases
Korematsu Hirabayashi v. United States
Like every military control of the population of a dangerous zone in war time, it necessarily involves some infringement of individual liberty, just as does the police establishment of fire lines during a fire, or the confinement of people to their houses during an air raid alarm—neither of which could be thought to be an infringement of constitutional right.
Hirabayashi Yasui v. United States Hirabayashi Korematsu refused Hirabayashi Hirabayashi Ex Parte Endo Korematsu Hirabayashi Korematsu Endo Korematsu Endo N.Y. Times Endo |
'Trump' and Internment
Trump v. Hawaii Korematsu
Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case. The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission ….
Korematsu Hirabayashi Korematsu Trump Trump Korematsu
The dissent's reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—has no place in law under the Constitution.
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