Question
Which event was the focus of this Supreme Court case? A military order, however unconstitutional, is not apt to last longer than the military emergency. __ But once a judicial opinion,rationalizes'such an order __ the principle then lies about like a loaded weaponneady for the hand of any authority that can bring forward a plausible claim of an urgant need. -Justice RobertH.Jackson, dissenting opinion,Korematsu v. United States, 1944 A. supporting the Lend-Lease Act B. segregation of African Americans C. internment of Japanese Americans D. implementing the Marshall Plan
Answer
4.4
(263 Votes)
Mair
Master · Tutor for 5 years
Answer
C
Explanation
The named case in the question, Korematsu v. United States was a landmark case of the Supreme Court of the United States during WWII, where the Court upheld the exclusion of Japanese Americans from the West Coast military area, graduating to a law of mass incarceration. The abovementioned dissenting opinion came from Justice Robert H. Jackson, opposing the Court's decision and arguing about preserving the civil liberties in times of distress.The phrase "a military order, however unconstitutional", given the context in 1944 when the ruling was issued, points directly to Executive Order 9066. Approved in the wake of Pearl Harbor by Franklin Roosevelt, it gave the Armed Forces broad powers to ban any citizen from a fifty- to sixty-mile-wide coastal area stretching from Washington state to California and extending inland into southern Arizona, leading to the internment of Japanese Americans.Henry L.Stimson, then Secretary of War, announced the establishment of this military area, aiming at the protection against espionage and against sabotage to national-defense material, premises, utilities, serves a reasonable purpose directly related to the war and internal security. Eventually, up to 120,000 Japanese Americans were forced out of their homes and sent to internment camps.Options A(Lend-Lease Act) and D(The Marshall Plan) exceeded reasonably broad tolerances for those incidental to the conduct of war during wartime and post-war periods respectively, thus excluded. The de jure racial segregation in the United States(B) and police actions were previously established social-political events rather than military emergencies.