Ex Parte Endo
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Ex Parte Endo
''Ex parte Mitsuye Endo'', 323 U.S. 283 (1944), was a United States Supreme Court ''ex parte'' decision handed down on December 18, 1944, in which the Justices unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States.. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast, which it had found not to violate citizen rights in its '' Korematsu v. United States'' decision on the same date, the ''Endo'' ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. interior during World War II. The Court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program. Background The plaintiff in the case, Mitsuye ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Executive Order 9066
Executive Order 9066 was a United States presidential executive order signed and issued during World War II by United States president Franklin D. Roosevelt on February 19, 1942. This order authorized the secretary of war to prescribe certain areas as military zones, clearing the way for the incarceration of nearly all 120,000 Japanese Americans during the war. Two-thirds of them were U.S. citizens, born and raised in the United States. Notably, far more Americans of Asian descent were forcibly interned than Americans of European descent, both in total and as a share of their relative populations. Those relatively few German and Italian Americans who were sent to internment camps during the war were sent under the provisions of Presidential Proclamation 2526 and the Alien Enemy Act, part of the Alien and Sedition Act of 1798. Transcript of Executive Order 9066 The text of Executive Order 9066 was as follows: Exclusion under the order On March 21, 1942, Roosevelt signed P ...
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Fred Korematsu
was an American civil rights activist who resisted the internment of Japanese Americans during World War II. Shortly after the Imperial Japanese Navy launched its attack on Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066, which authorized the removal of individuals of Japanese ancestry living on the West Coast from their homes and their mandatory imprisonment in incarceration camps, but Korematsu instead challenged the orders and became a fugitive. The legality of Roosevelt's order was upheld by the Supreme Court of the United States in '' Korematsu v. United States'' (1944). However, Korematsu's conviction for evading internment was overturned four decades later in US District Court, after the disclosure of new evidence challenging its necessity, which had been withheld from the courts by the U.S. government during the war. Eventually, the ''Korematsu'' ruling itself was formally condemned seventy-four years later in ''Trump v. Hawaii'', 585 U. ...
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Legal Fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Development of the concept A legal fiction typically allows the court to ignore a fact that would prevent it from exercising its jurisdiction by simply assuming that the fact is different. In cases where the court must determine whether a standard has been reached, such as whether a defendant has been negligent, the court frequently uses the legal fiction of the "reasonable man". This is known as the "objective test", and is far more common than the "subjective test" where the court seeks the viewpoint of the parties (or "subjects"). Sometimes, the court may apply a "mixed test", as in the House of Lords' decision in ''DPP v Camplin'' 1978. Legal fictions are different from legal presumptions which assume a certain state of facts until th ...
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Owen Roberts
Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court from 1930 to 1945. He also led two Roberts Commissions, the first of which investigated the attack on Pearl Harbor, and the second of which focused on works of cultural value during World War II. Born in Philadelphia, Roberts graduated from the University of Pennsylvania Law School and pursued a legal career. After working as a district attorney in Philadelphia, he was appointed by President Calvin Coolidge to investigate the Teapot Dome scandal. After the death of Associate Justice Edward Terry Sanford in March 1930, President Herbert Hoover nominated John J. Parker to fill the vacancy on the court. The Senate rejected Parker and Hoover quickly nominated Roberts as his second choice for the vacancy. Roberts was easily confirmed and took his position on the court in May 1930. On the Hughes Court, Roberts was a swing vote positioned between the conservative Fo ...
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Frank Murphy
William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving as United States Attorney General, Governor of Michigan, and Mayor of Detroit. He also served as the last Governor-General of the Philippines and the first High Commissioner of the Philippines. Born in "The Thumb" region of Michigan, Murphy graduated from the University of Michigan Law School in 1914. After serving in the United States Army during World War I, he served as a federal attorney and trial judge. He served as Mayor of Detroit from 1930 to 1933 before accepting appointment as Governor-General of the Philippine Islands. He defeated incumbent Republican Governor Frank Fitzgerald in Michigan's 1936 gubernatorial election and served a single term as Governor of Michigan. Murphy lost re-election to Fitzgerald in 1938 and accepted a ...
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William O
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name should b ...
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War Relocation Authority
The War Relocation Authority (WRA) was a United States government agency established to handle the internment of Japanese Americans during World War II. It also operated the Fort Ontario Emergency Refugee Shelter in Oswego, New York, which was the only refugee camp set up in the United States for refugees from Europe. The agency was created by Executive Order 9102 on March 18, 1942, by President Franklin D. Roosevelt, and was terminated June 26, 1946, by order of President Harry S. Truman. Formation After the December 1941 attack on Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066, authorizing military commanders to create zones from which certain persons could be excluded if they posed a threat to national security. Many people of Japanese ancestry were also suspected of espionage after the Pearl Harbor attack. Military Areas 1 and 2 were created soon after, encompassing all of California and parts of Washington, Oregon, and Arizona, and subsequent c ...
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Internment Of Japanese Americans
Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simply mean imprisonment, it tends to refer to preventive confinement rather than confinement ''after'' having been convicted of some crime. Use of these terms is subject to debate and political sensitivities. The word ''internment'' is also occasionally used to describe a neutral country's practice of detaining belligerent armed forces and equipment on its territory during times of war, under the Hague Convention of 1907. Interned persons may be held in prisons or in facilities known as internment camps (also known as concentration camps). The term ''concentration camp'' originates from the Spanish–Cuban Ten Years' War when Spanish forces detained Cuban civilians in camps in order to more easily combat guerrilla forces. Over the following d ...
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Topaz War Relocation Center
The Topaz War Relocation Center, also known as the Central Utah Relocation Center (Topaz) and briefly as the Abraham Relocation Center, was an American concentration camp which housed Americans of Japanese descent and immigrants who had come to the United States from Japan, called '' Nikkei''. President Franklin Roosevelt signed Executive Order 9066 in February 1942, ordering people of Japanese ancestry to be incarcerated in what were euphemistically called "relocation centers" like Topaz during World War II. Most of the people incarcerated at Topaz came from the Tanforan Assembly Center and previously lived in the San Francisco Bay Area. The camp was opened in September 1942 and closed in October 1945. The camp, approximately west of Delta, Utah, consisted of , with a main living area. Most internees lived in the main living area, though some lived off-site as agricultural and industrial laborers. The approximately 9,000 internees and staff made Topaz into the fifth-largest ...
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William Denman (judge)
William Denman (November 7, 1872 – March 9, 1959) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and career Born in San Francisco, California, Denman attended Lowell High School, received a Bachelor of Letters degree from the University of California, Berkeley in 1894, and a Bachelor of Laws from Harvard Law School in 1897. He entered private practice in San Francisco in 1898, and was an assistant professor and lecturer at the University of California, Hastings College of the Law from 1902 to 1906. Federal judicial service On January 10, 1935, Denman was nominated by President Franklin D. Roosevelt to a seat on the United States Court of Appeals for the Ninth Circuit vacated by Judge William Ball Gilbert. Denman was confirmed by the United States Senate on January 29, 1935, and received his commission on February 1, 1935. He served as Chief Judge and as a member of the Judicial Conference of the United States from 19 ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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