**Bumped Up From TAM Wire. Posted By naga5**
I saw this article on HotAir and it fell from interest, so I am bringing it up again. The Supreme Court upheld that Fred Korematsu violated an Executive order that gave the military authority to force Japanese Americans to leave their homes and report to an internment camp. He refused and was arrested. The majority held that wars cause hardships and arresting citizens because of race is part of the hardship. In retrospect, the violation of due process, habeas corpus and the Court’s own violation of “strict scrutiny” should allow the Supreme Court to strike this down and Justice Scalia seems to agree. He strikes an ominous note by warning us that it will probably happen again. In discussing this with my daughter who is in law school, she confirmed the reasons why it should be struck down and the frightening principle that in times of war, citizens should not expect the Constitution to be obeyed. In the future, I am sure we will not find ourselves with a President giving Executive Orders that single out for arrest, citizens categorized by race, religion, politics or sexual preference in the name of wartime security. Bonus discussion subject: what other Supreme Court decisions need to be struck down for their idiocy? Kelo, Wickard v. Filburn, Obamacare?
Justice Antonin Scalia told students in Hawaii on Monday that the Supreme Court’s Korematsu decision upholding the internment of Japanese Americans was wrong, but it could happen again in war time.
Speaking at the University of Hawaii law school, Scalia responded to a question about the 1944 ruling, which upheld an executive order that required the detention of Japanese Americans during World War II, the Associated Press reports.
“Well, of course, Korematsu was wrong,” Scalia said. “And I think we have repudiated it in a later case. But you are kidding yourself if you think the same thing will not happen again.”
At the time, Scalia said, there was “panic about the war and the invasion of the Pacific and whatnot. That’s what happens. It was wrong, but I would not be surprised to see it happen again, in time of war. It’s no justification but it is the reality.”
Korematsu has never been explicitly overruled because there has not been a similar controversy before the court, the New York Times reported last week. The court could get a chance to do so, however, in a case involving the military detention without trial of people accused of aiding terrorism. A cert petition asking the court to overturn the federal law authorizing such detentions says the justices should consider overruling Korematsu….