Political Science Pol Sci 3403 Lecture Notes - Lecture 33: Korematsu V. United States, Korean War, Article Two Of The United States Constitution
12 Jun 2016
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Majority (justice black) theater of war the seizure is occurring in. Youngstown, ohio and not ohio the president"s action can"t be supported doesn"t align with korematsu because it took place in. Also claims that the president is claiming a function of congress by essentially making laws a. ii. Majority (justice jackson) lays out 3-part framework a. ii. 1. President + congress: strongest position for president; strongest presumption of validity of president"s action (curtiss- wright, korematsu) a. ii. 1. a. If congress authorized the seizure, his actions would have been acceptable a. ii. 1. b. Limit: doesn"t apply to unconstitutional acts (even if allowed by congress) only things allowed by the constitution lead to the strongest presidential action. President alone (zone of twilight): president can argue he a. ii. 2. has power based on imperatives of events and contemporary imponderables (prize cases, milligan) a. ii. 2. a. Gives a bit of inherent power to the president a. ii. 3. Congress hasn"t said yes or no to anything.
