The Constitutional Rights Of The Courts Should Not Approve Their Actions?

1195 Words Mar 16th, 2016 null Page
1. Why does Jackson believe that even though military authorities have the power to violate constitutional protections in time of war, the courts should not approve their actions? Justice Jackson believes that even though military authorities have the power to violate constitutional protections in time of war, the courts should not approve their actions because the orders could very well be unconstitutional and are not legitimate legislative laws. Jackson argues that it is a military program that is being carried out and states "…He [General DeWitt] issues orders, and they may have a certain authority as military commands, although they may be very bad a constitutional law" (Foner 208). The policy, being only temporary, is not a law enacted by Congress or an executive order from the President in any way, shape, or form which is why Jackson believes it should therefore not be treated as one by the Supreme Court. In addition to the illegitimacy of the policy as a constitutional law, Justice Jackson urges the court to not approve of the military 's actions due to the fact that the internment policy violated civil liberties and was unconstitutional. Despite the policy being legitimate, Jackson points out that General DeWitt 's orders enacts "…the principle of racial discrimination in criminal procedure and of transplanting American citizens" (Foner 208), specifically to those of Japanese descent, criminalizing innocent citizens and forcing them from their homes and…

Related Documents