3.5-3.24 Con Law

3.5-3.24 Con Law - Point 3 (subunit C) How is the existence...

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Point 3 (subunit C) How is the existence of a race or national origin classification proven? If the gov’t discriminates on race or national origin, its going to have to meet strict scrutiny. If anyone reads a law and can see that it is drawing a distinction amongst people for race or national origin then it is classifying. If a law singles out minorities for a burden that whites do not have to suffer? P 664- Strouter 1879- West Virginia law that said blacks could not serve on juries. They were singled out for a disadvantage. SC struck down the law. Limited jury service to white males who were 21 years old and citizens of the state. Kumatzu vs. US- Japanese Americans forced to live interred behind Barbed Wire. Concluded in 1944, at the time that this law was enacted there was a serious danger that Japanese would have invaded the west coast. By 1944 it was pretty clear the US would win the war. SC upheld the exclusion of the Japanese Americans. 6-3 decision said it was constitutional. – Justice Murphy, Black and Jackson dissented. What is wrong with the Court’s decision in Kuramatzu? Was it right in rejecting the Equal Protection claim? If it was wrong, why? Wrong because underinclusive and overinclusive because it targeted one group of many people who could have been a threat and overinclusive of all Japanese Americans when such a small percentage of the Japanese were even a threat. 40% of those interned were over 55 or under 15. Lessens the likelihood of being a militant. Not one Japanese in America was indicted on espionage charges in the US. 70,000 were citizens, therefore they were deprived of their due process, since they were not guilty of crime, or a danger to national security. Do Constitutional Rights mean something different in wartime? Was this based on racism? General Dewitt was responsible for
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This note was uploaded on 04/20/2008 for the course POLI SCI 1 taught by Professor Charney during the Spring '08 term at Duke.

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3.5-3.24 Con Law - Point 3 (subunit C) How is the existence...

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