2007-02-22

I think I finally understand Korematsu better.....

What struck me most in the case was Justice Jackson's dissent, in which he writes: "The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of urgent need." It is quite amusing to see how this type of action by the government flies in the face of Locke's Second Treatise of government, in which he warns that being governed by statutes and gray areas is to have no personal freedom at all, which also rings in the Constitution. It is exactly what the Federalist papers tried to reassure the citizens of New York about, that this document would prevent the president or anyone from acting like a King. Granted, it is a military exclusion/operations zone, but as the command in chief of the military, the president is bound by constitution to defend and protect the rights of his citizens and not relish the role of the Commander-In-Chief. Fast forward several years to the current date, in which we are not sure as citizens as to the extent of our Constitutional rights. We have CAP flights of surveillance over our major cities, and the military working with local law enforcement. Is the entire country now a military exclusion zone? What are our constitutional rights? It's that loaded weapon coming out again, as Justice Jackson so wisely warned us about over 60 years ago......

1 Comments:

Blogger Prof. Hersch said...

Ian,

Good job; nice choice of quotes. I suppose the president would say that the commander in chief must protect the country internally as well. (Also there's Locke's idea of prerogative.)

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