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September 12, 2005

Hirabayashi

H
ere's the question I'd ask Judge Roberts today: Did the Supreme Court correctly decide Hirabayashi v. United States (1943), where it upheld the constitutionality of a dusk-to-dawn curfew for American citizens of Japanese (but not German or Italian) ancestry?

Posted by Eric at September 12, 2005 9:55 AM

Comments

Good question.

Also worth asking if detention of Japanese ancestry folks during WWII should have been reviewable by a) military commissions or b) courts (for treason issues) or c) not at all.

Finally, worth asking if Haupt (military commission followed by execution, US citizen who fought for Germans, then came to US) would need to be "modernized" to include procedural protections (due process, 6th amendment, 8th amendment, etc.) recognized since 1945.

Posted by: cfw at September 12, 2005 12:55 PM

Still amazed and shocked to see such intelligent man being so reactionary. How can you be on the extreme right of the Reagan administration?

Posted by: RedWolf at September 13, 2005 7:00 AM