A commander's power, a civilian's reason: Justice Jackson's Korematsu dissent.(Judgments Judged and Wrongs Remembered: Examining the Japanese American Civil Liberties Cases of World War II on their Sixtieth Anniversary) From: Law and Contemporary Problems | Date: March 22, 2005| Author: Barrett, John Q. | COPYRIGHT 2005 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

I

INTRODUCTION

Robert Houghwout Jackson was a justice of the United States Supreme Court during the years of World War II. This article considers his great but potentially perplexing December 1944 dissent in Korematsu v. United States, (1) in which he refused to join the Court majority that proclaimed the constitutionality of military orders excluding Japanese Americans from the West Coast of the United States during the War years. (2)

Japanese Am...

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