Using Justice Jackson’s tripartite framework, argue|My homework helper

Posted: January 30th, 2023

Using Justice Jackson’s tripartite framework, argue (1) whether Korematsu was correctly decided from a legal/constitutional perspective and (2) whether you agree with the decision from a personal standpoint. Without in any way offering an opinion of my own, I encourage you to try your best to separate your legal analysis from your personal feelings. Include biblical arguments to support your answer. (200 words)

 

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SOLUTION

From a legal and constitutional perspective, Korematsu v. United States (1944) was correctly decided, as the Supreme Court upheld the government’s authority to order the forced relocation and internment of Japanese Americans during World War II. The Court cited the military’s need for national security as justification for the internment, and upheld the government’s authority under the “war powers” clause of the Constitution.

From a personal standpoint, I do not agree with the decision. The internment of Japanese Americans was a violation of their civil liberties and constitutional rights, and the government’s justification of national security was ultimately proven to be unfounded. Additionally, the internment was based on racial discrimination and prejudice, which is not in line with the biblical principle of treating all individuals with dignity and respect.

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