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The aim of this order which was named the Civilian exclusion order 34 of the US army was executed as a way to prevent these American-Japanese from committing espionage during the war time. Korematsu who is the plaintiff saw the execution of the order as being unconstitutional and being in violation of the Fifth Amendment. He therefore refused to move and was arrested and convicted. The case eventually reached the Supreme Court which ruled strongly in favor of the presidential executive order insisting that the rights of the plaintiff were minimal and hence of no significant compared to the Americans in general (Alonso 52).
The issue that was being resolved by the Supreme Court was on whether to affirm or duly dismiss the conviction order of Korematsu based on violation of his constitutional rights and Fifth Amendment which were being violated.
The decision of the court which was delivered by Justice Black and which had a 6-3 decision was the affirmation of the conviction order for Korematsu where it sided with the government about its national security and prevention of espionage.
The reasoning of the court was not based on the constitutionality of the presidential executive order, the racial segregation or even the loyalty of the petitioner to the United States. It rather looked at the bigger picture which in this case was the safety of the citizens of the United States from espionage and further attacks from the Japanese. The court supported the government on this ruling as the people in the United States who were the majority compared to those who were American-Japanese needed protection from war and the negatives effects that accompanied war.
The government had no certainty of the number of Japanese who were disloyal to the United States and loyal to the government of Japan and who could therefore aid their country in the war through trading secrets about the national defense. The military in charge of the exercise concluded
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All the judges in the Supreme Court are nominated by the US President and acknowledged by the Senate after which they serve for their entire lives. The confirmation procedure of Supreme Court judges commences through hearings that are conducted by the Judiciary Committee, which are completed with voting by the complete strength of the Senate.
The interest in the nomination of Sonia Sotomayor to the Supreme Court by President Barrack Obama garnered more than its share of scrutiny. However, there are some opinion that the hesitation stems from Sotomayor's gender and race being a Latina.
Both were raised to the law and both served with diligence, intelligence and integrity. Their contribution to the U.S. Judiciary is significant and noteworthy.
The elder Judge Harlan was born June 1, 1833, at Harlan's Station in Boyle County, Kentucky. John Marshall I was well educated-first in a private academy, then Centre College in Danville and later in law school at Transylvania University in Lexington.
The defense argued that this was a suggestive situation, and, therefore, would promote unreliable identification. The prosecution maintained that the spontaneous meeting increased reliability, saying the issue should be decided by the jury. The trial judge suppressed the witness identification, and a mistrial was also granted.
The death penalty takes their young lives and forever changes them, without the opportunity to be rehabilitated by competent sociological or psychological professionals. However, when the case is similar to the one in the article, the
Court made an important decision that stated it was legal to have separate facilities for African American and White American patrons, including bathrooms, entrances, and even theatres, so long as those facilities were equal. States used the decision to create segregated public
She overcame adversity and secured her confirmation based upon her work merits rather than her gender. She is in effect, a female success story for a new generation.
Originally serving in the presidents
pplications each year; however, they only accept to hear a handful of these cases because of time and resource constraints and because not all cases are of equal merit (Mott 2014, par. 1). The process of getting a case heard by the Supreme Court is rather difficult. As a rule,
The American government is divided into various arms which perform different functions. The arms include the judiciary, legislature and the executive. Every branch of the government has distinctive functions which they perform independent of the other branches. To achieve this each has their specific roles which they perform as led by their leaders.
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