One of the sorriest episodes in American history was the wrongful internment of JapaneseAmericans during World War II. In the celebrated Supreme Court case of Korematsu versus United States. Justice Jackson. one of the lone dissenting voices. wrote: Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. But a judicial construction of the due process clause that will sustain this order is a fat more subtle blow to liberty than the promulgation of the order itself. As we recall all too well. the courts failed in this case to protect the rights of the individual.
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