Best RANT!! Diane Rufino Rocco, I know Roosevelt signed executive orders to detain approximately 120,000 Japanese-Americans and establish the detention camps. Im not sure if the Executive Order was based on the Congressional scheme established with the Alien Enemies Act of 1798, which was used to silence Republicans from criticizing the Federalist administration and their position with respect to what was going on in France (refusing to honor Americas war debts, etc) and the growing hostilities on the seas (Quasi War with the French navy). Thomas Jefferson and James Madison proclaimed the Alien Enemies Act to be unconstitutional and were so concerned that the federal government could enforce unconstitutional laws on the people that they articulated the doctrines of Nullification and Interposition to explain the states right and duty to judge the constitutionality of federal laws and to stop the enforcement of those that are unconstitutional (to prevent tyranny). The Alien Enemies Act is still good law. Since 1798, a blatant unconstitutional law has never been challenged and taken off the books (statutes). The states have been too timid to take care of this. In 1944, the Supreme Court upheld the detention of Japanese-Americans in the camps for national security reasons in the case of Korematsu v. United States. In other words, the Supreme Court indirectly upheld the constitutionality of the Alien Enemies Act (which authorizes the President to arrest, detain, imprison, or deport any resident alien hailing from a country against which the United States had declared war). An unconstitutional law has been entrenched in our system of federal law and the clowns who sit in black robes on our highest court have put policy before constitutionality and have ignored their ultimate responsibility to make sure only constitutional laws are imposed on the American people. Like Miranda (a legal fiction) and like the Wall of Separation (another legal fiction), detention for national security reasons appears to be here to stay. Will the government eventually try to broaden its ability to detain citizens not officially tied to a country we are at war with? I think it already has with the National Defense Authorization Act (NDAA). I think the lesson here is that we cant trust the federal government.
Posted on: Mon, 08 Dec 2014 01:49:09 +0000
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