The European Tribune is a forum for thoughtful dialogue of European and international issues. You are invited to post comments and your own articles.
Please REGISTER to post.
What was the question? Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?
1944 Korematsu v. United States 6-3, "No"
1980 Commission on Wartime Relocation and Internment of Civilians, report and recommendations to the US Congress, 1983 notably, #3
remedy 1984 Korematsu v. United States, US District Court for the Northern District of California
A writ of coram nobis is an appropriate remedy by which the court can correct errors in criminal convictions where other remedies are not available. [...] The government has, however, while not confessing error, taken a position tantamount to a confession of error. It has eagerly moved to dismiss without acknowledging any specific reasons for dismissal other than that "there is no further usefulness to be served by conviction under a statute which has been soundly repudiated." (R.T. 13:20-22, November 10, 1983). In support of this statement, the government points out that in 1971, legislation was adopted requiring congressional action before an Executive Order such as Executive Order 9066 can ever be issued again; that in 1976, the statute under which petitioner was convicted was repealed; and that in 1976, all authority conferred by Executive Order 9066 was formally proclaimed terminated as of December 31, 1946. While these are compelling reasons for concluding that vacating the conviction is in the best interests of this petitioner, respondent and the public, the court declines the invitation of the government to treat this matter in the perfunctory and procedurally improper manner it has suggested. On the other hand, this court agrees that it is not necessary to reopen the partially healed wounds of an earlier period in order to perform its role of conducting independent judicial review. Fortunately, there are few instances in our judicial history when courts have been called upon to undo such profound and publicly acknowledged injustice. Such extraordinary instances require extraordinary relief, and the court is not without power to redress its own errors. [...] The Commission found that military necessity did not warrant the exclusion and detention of ethnic Japanese. It concluded that "broad historical causes which shaped these decisions [exclusion and detention] *1417 were race prejudice, war hysteria and a failure of political leadership." As a result, "a grave injustice was done to American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed and detained by the United States during World War II."
On the other hand, this court agrees that it is not necessary to reopen the partially healed wounds of an earlier period in order to perform its role of conducting independent judicial review. Fortunately, there are few instances in our judicial history when courts have been called upon to undo such profound and publicly acknowledged injustice. Such extraordinary instances require extraordinary relief, and the court is not without power to redress its own errors. [...] The Commission found that military necessity did not warrant the exclusion and detention of ethnic Japanese. It concluded that "broad historical causes which shaped these decisions [exclusion and detention] *1417 were race prejudice, war hysteria and a failure of political leadership." As a result, "a grave injustice was done to American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed and detained by the United States during World War II."
by Oui - Sep 19 14 comments
by Oui - Sep 13 28 comments
by Frank Schnittger - Sep 11 5 comments
by Cat - Sep 13 9 comments
by Frank Schnittger - Sep 2 2 comments
by gmoke - Aug 30 2 comments
by Oui - Sep 1914 comments
by gmoke - Sep 173 comments
by Oui - Sep 153 comments
by Oui - Sep 15
by Oui - Sep 1411 comments
by Oui - Sep 1328 comments
by Cat - Sep 139 comments
by Oui - Sep 123 comments
by Frank Schnittger - Sep 115 comments
by Oui - Sep 929 comments
by Oui - Sep 713 comments
by Oui - Sep 61 comment
by Frank Schnittger - Sep 22 comments
by gmoke - Sep 2
by Oui - Sep 1146 comments
by Oui - Aug 315 comments
by gmoke - Aug 302 comments
by Oui - Aug 304 comments
by Oui - Aug 3010 comments
by Oui - Aug 2917 comments