Newt Gingrich: I would ignore supreme court as president

[MFrohike]

138. And you're missing the point

Both of those are tangential to the power to make war and conduct foreign policy.

Korematsu was an internal security matter during wartime that turned on the balance between constitutional rights and security. The question of rights made the court competent. The court had jurisdiction despite the war powers, not because of them. Further, while the court is not competent to rule on the meat of Article 2 powers like war and foreign policy, it always has jurisdiction to hear cases on the bounds of Article 2. The bounds are where that power directly intersects with other parts of the constitution.