Korematsu v. United States (1944). As a result of the Pearl Harbor bombing in 1941 an executive order was issued by President Roosevelt and Congress that all people in the US of Japanese ancestry must report to “relocation camps.”.
As a result of the Pearl Harbor bombing in 1941 an executive order was issued by President Roosevelt and Congress that all people in the US of Japanese ancestry must report to “relocation camps.”
The issue: “Is an executive order and the act of Congress enforcing it constitutional uses of the war powers of the President or Congress?”
The Decision: Yes, the President and Congress acted legally. When it comes to national security, the federal government can act as they see necessary to protect the American people. This ruling was strictly based on the use of the war powers.
Why did the Supreme Court rule that “separate but equal” are not equal?
A veteran gov’t official knew of secret documents proving that the government was lying to the American people about the Vietnam war. The US Government did not want the information to be published and tried to stop it arguing national security would be at risk.
The Issue: Can the government justify Prior restraint to prevent newspapers from publishing damaging information or is this a violation of the 1st Amendment?
The Decision: The papers were allowed to publish the articles because the government did not prove that it was a matter of national security.
What reason did the supreme court give for their ruling?
Executive Privilege: Right of President to keep certain matters confidential. (defense, national security)
Supreme court ruling:
Even the President of the US does not have absolute executive privilege over everything. If he did it would amount to an unchecked power that could undermine the rule of law. The President is not above the law.