The principle then lies about like a loaded weapon
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 far more subtle blow to liberty than the promulgation of the order itself. A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. All who observe the work of courts are familiar with what Judge Cardozo described as ‘the tendency of a principle to expand itself to the limit of its logic.’ A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court’s opinion in this case.
Justice Robert Jackson, Korematsu v. U.S. (1944)
[…] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]
UPDATE : The Next Chapter in the ‘America First’ Doctrine: The Joe Biden Era - xoonews
March 9, 2021 at 8:25 pm
[…] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]
The Next Chapter in the ‘America First’ Doctrine: The Joe Biden Era 💥👩💥 - Latest News Anews
March 9, 2021 at 10:08 pm
[…] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]
The Next Chapter in the ‘America First’ Doctrine: The Joe Biden Era 💥💥 - World news
March 9, 2021 at 10:11 pm
[…] in the face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]
Joe Biden’s bloc wars and the next chapter in the “America First” doctrine | Philippine Canadian Inquirer
March 24, 2021 at 11:42 pm
[…] face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]
Joe Biden’s bloc wars and the next chapter in the “America First” doctrine - Philippine Canadian Inquirer Nationwide Filipino Newspaper
March 24, 2021 at 11:42 pm
[…] in the face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]
Joe Biden’s bloc wars and the next chapter in the “America First” doctrine | DIALOGOS
March 29, 2021 at 3:44 pm