I should hold that a civil court cannot be made to enforce an order which violates constitutional limitations even if it is a reasonable exercise of military authority. The courts can exercise only the judicial power, can apply only law, and must abide by the Constitution, or they cease to be civil courts and become instruments of military policy.
Of course, the existence of a military power resting on force, so vagrant, so centralized, so necessarily heedless of the individual, is an inherent threat to liberty. But I would not lead people to rely on this Court for a review that seems to me wholly delusive. The military reasonableness of these orders can only be determined by military superiors. 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. The chief restraint upon those who command the physical forces of the country, in the future as in the past, must be their responsibility to the political judgments of their contemporaries and to the moral judgments of history.
My duties as a justice, as I see them, do not require me to make a military judgment as to whether General DeWitt’s evacuation and detention program was a reasonable military necessity. I do not suggest that the courts should have attempted to interfere with the Army in carrying out its task. But I do not think they may be asked to execute a military expedient that has no place in law under the Constitution. I would reverse the judgment and discharge the prisoner.” —
Justice Robert Jackson, dissenting in the Korematsu case.
I can’t say enough about how powerful this quote is, and how applicable it is today.
90 years ago, a newspaper journalist identified the exact same problem – goes to show how little progress we’ve made.
Well, this is grim.
Ben Shapiro (an editor-at-large at Breitbart.com who tried to link the Secretary of Defense with the non-existent group “friends of Hamas” during his nomination) was recently making waves with this charming tweet after NBA player Jason Collins’ came out.
So Jason Collins is a hero because he’s gay? Our standard for heroism has dropped quite a bit since Normandy.
— Ben Shapiro (@benshapiro)
And then this morning, Chris Evans (AKA CAPTAIN AMERICA) tweeted
I genuinely dislike @benshapiro
— Chris Evans (@ChrisEvans)
Might be because Chris Evans is very pro-LGBT rights. Whatever the reason, it made our Friday a little better.
AP: Eight armed and masked men made a hole in a security fence at Brussels’ international airport, drove onto the tarmac and snatched millions of dollars’ worth of diamonds from the hold of a Swiss-bound plane without firing a shot, authorities said Tuesday.
Did one of them have four fingers on one hand?