it is necessary, in order to provide for the welfare and to insure the orderly evacuation and resettlement of Japanese voluntarily migrating from Military Area No. 2124 (77th Cong., 2d Sess.) 1 desired to change his habitual residence, he must execute and deliver to the authorities a Change of Residence Notice. The Court relied heavily on a 1943 decision, Hirabayashi v. U.S., which addressed similar issues. The military command was therefore justified in adopting all reasonable means necessary to combat these dangers. To recognize that military orders are "reasonably expedient military precautions" in time of war, and yet to deny them constitutional legitimacy, makes of the Constitution an instrument for dialectic subtleties not reasonably to be attributed to the hard-headed Framers, of whom a majority had had actual participation in war. It is sufficient here for us to pass upon the order which petitioner violated. vii, 9, 15-17. Even though evacuation and detention in the assembly center were inseparable, the order under which the petitioner was convicted was nevertheless valid. In 1942, Franklin Roosevelt signed Executive Order 9066, allowing the U.S. military to declare parts of the U.S. as military areas and thereby exclude specific groups of people from them. "The war power of the United States, like its other powers . 2124 (77th Cong., & Sess.) If the people ever let command of the war power fall into irresponsible and unscrupulous hands, the courts wield no power equal to its restraint. On the same day as the Korematsu decision, in Ex parte Endo, the Court sidestepped the constitutionality of internment as a policy but forbade the government to detain a U.S. citizen whose loyalty was recognized by the U.S. government. And we have had recent occasion to quote approvingly the statement of former Chief Justice Hughes that the war power of the Government is "the power to wage war successfully." It argues that we are bound to uphold the conviction of Korematsu because we upheld one in Hirabayashi v. United States, 320 U.S. 81, when we sustained these orders insofar as they applied a curfew requirement to a citizen of Japanese ancestry. Chastleton Corporation v. Sinclair, 264 U.S. 543, 547; Block v. Hirsh, 256 U.S. 135, 155. In Trump v. Hawaii (2018), the Supreme Court explicitly repudiated and effectively overturned the Korematsu decision, characterizing it as “gravely wrong the day it was decided” and “overruled in the court of history.”. Approving the military orders in this case will send a message that such military conduct is permissible in the future.
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