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OnyxCollie

(9,958 posts)

31. The Court used two judicial principles to avoid ruling on the indefinite detention.

Tue Sep 18, 2012, 01:49 PM

Sep 2012

First, they chose to rule on what was before them, but instead of ruling on the detention (and providing a remedy for the interned) they ruled on the ability of the executive to successfully wage war. Second, they avoided the political question of waging war by deferring to the executive.

Justice Douglas wanted to provide an opportunity for the Japanese to prove their loyalty, but pressure by Chief Justice Stone resulted in him conforming to the majority.

See my post (#14) for more info.

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DOJ Says Ruling on Indefinite Detention Law Is �Unprecedented� [View all] DeSwiss Sep 2012 OP

well, in all fairness to the court... tk2kewl Sep 2012 #1

One would expect that a Constitutional scholar Art_from_Ark Sep 2012 #4

I think the "constitutional scholar", and his AJ, are well aware of the fact, and intend to use leveymg Sep 2012 #29

Your excellent point...... DeSwiss Sep 2012 #8

If only we had a democratic president. nt. naaman fletcher Sep 2012 #2

unless he's like Mitt PatrynXX Sep 2012 #7

Yes, small (d). ;-) n/t DeSwiss Sep 2012 #9

Very bad things happen under Democratic presidents, OnyxCollie Sep 2012 #14

Lyndon Johnson's Vietnam. Very, very bad things happen under otherwise fairly good Presidents. leveymg Sep 2012 #30

K&R a2liberal Sep 2012 #3

And for that matter..... DeSwiss Sep 2012 #10

What good is a Constitution if the Powers-That-Be keep making exceptions to it to suit themselves? RC Sep 2012 #5

How is it allowed, indeed. DeSwiss Sep 2012 #12

...my new favorite quote. RitchieRich Sep 2012 #24

What's "unprecedented" ....... FredStembottom Sep 2012 #6

Troubling, dsturbing and yet not all that surprising..... DeSwiss Sep 2012 #13

Looks like the current admin is trying to get this to the SCOTUS as soon as possible. rhett o rick Sep 2012 #11

Oddly..... DeSwiss Sep 2012 #15

John Roberts believes in Executive Privilege (read dictatorship). rhett o rick Sep 2012 #16

The DoJ would argue against the Declaration of Independence on security grounds. rug Sep 2012 #17

Well we definitely know Eric is against..... DeSwiss Sep 2012 #19

The article doesn't mention the names of the plantiffs: Proletariatprincess Sep 2012 #18

I'm pretty sure..... DeSwiss Sep 2012 #20

That would be "plaintiffs", not "plantiffs". juajen Sep 2012 #22

k/r Solly Mack Sep 2012 #21

K�R idwiyo Sep 2012 #23

In the first place, courts are part of the government ... GeorgeGist Sep 2012 #25

So is an indefinite detention law. Lincoln's suspension of habeus was by Presidential Order, the leveymg Sep 2012 #26

What case overturned the internment? nt OnyxCollie Sep 2012 #27

Korematsu didn't rule on the indefinite detention part, just the exclusion zone. leveymg Sep 2012 #28

The Court used two judicial principles to avoid ruling on the indefinite detention. OnyxCollie Sep 2012 #31

Important background info. Thnx. leveymg Sep 2012 #32

Judge Forrest is a hero for standing up to the bullies at DOJ. kestrel91316 Sep 2012 #33

Forget the ticker tape parade. OnyxCollie Sep 2012 #34

Looks like Obama has caught the disease ... Nihil Sep 2012 #45

What's unprecedented is the Justice Dept. claiming the President has autocratic power. nt bemildred Sep 2012 #35

Eh, not really. OnyxCollie Sep 2012 #36

OK, there's nothing unprecedented about any of it then. nt bemildred Sep 2012 #37

Well, this "politics" thing has been around for quite a while. OnyxCollie Sep 2012 #38

No shit. Did you read about that? nt bemildred Sep 2012 #39

I'm not the one saying this is unprecedented. OnyxCollie Sep 2012 #40

Right, that's the Justice Dept. nt bemildred Sep 2012 #41

I was referring to your claim. OnyxCollie Sep 2012 #42

And I was referring to the Justice Dept. claim, like in the subject line of the OP. bemildred Sep 2012 #43

From the OP: DOJ Says Ruling on Indefinite Detention Law Is �Unprecedented� OnyxCollie Sep 2012 #44