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In the Shadow of Korematsu: Democratic Liberties and National Security

In the Shadow of Korematsu: Democratic Liberties and National Security

Author: Eric K. Yamamoto
Publisher: Oxford University Press
ISBN: 9780190878955
Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. One of which is: Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties?

This book portrays the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

Preface

Part One: The Challenge

Prologue

Chapter I: Overview: Judging National Security and Civil Liberties Controversies

Part Two: The Contested Cases

Chapter II: The 1944 Korematsu Supreme Court Decision

Chapter III: The 1980s Coram Nobis Cases

Chapter IV: Korematsu's Chameleonic Deployment

Part Three: The Next Steps

Chapter V: Jurisprudential Foundations

Chapter VI: A Workable Method

Chapter VII: Realpolitik Influences