Re: Wake up. ... Interesting that they cited Korematsu
(presumably) as an Example of legitimate overriding purpose independent of invidious racial discrimination. But not an explicit ... a tacit deduction to be made: because they granted Cert.
And USSC did so in 12/'43--thus denying a reversal of Korematsu's appeal against:
A) Being singled-out for banishment from this 'military area'--only because of his Japanese ancestry.
USSC declared that, then: Constitutional.
B) Yet while the 'banishment' was found Constitutional, the matter of 'reporting to assembly centers' aka concentration camps was explicitly Not-considered in this Cert, even though the Cert Finding itself, said
3. Even though evacuation and detention in the assembly center were inseparable, the order under which the petitioner was convicted was nevertheless valid. P. 223.
CERTIORARI, 321 U.S. 760, to review the affirmance of a judgment of conviction.
Emphasis? hell when you read it: that bold + underline comes out in the Voice!
Another example, IMO of the pseudo-science of the law + [or via] an {undefinable} level of Judicial 'discretion'--which here seems to limn Piet Hein:
sweet and undefinable,
like the pineapple
All of which illustrates, I wot--that it is an illusory koan, We are a nation of laws, not men.
And even if one buys that, given the n-thousands of cases [imagine pre-computer Look-Ups, employing miles of bookshelves] ... rhetoric shall be indispensable) whether or not Tyranny of Words is accepted as an authoritative/relevant document--thus assuring all that follows from the
ie. One can never prove the ~equivalence of racial- gender- discrimination--within the zeitgerist of a given time without nuance approaching the ineffable:
http://en.wikipedia....ki/Fred_Korematsu
When such orders were issued for the West Coast, Korematsu instead became a fugitive. The legality of the internment order was upheld by the United States Supreme Court in Korematsu v. United States, but Korematsu's conviction was overturned decades later after the disclosure of new evidence challenging the necessity of the internment, which had been [*] withheld from the courts by the U.S. government during the war.
To commemorate his journey as a civil rights activist, the "Fred Korematsu Day of Civil Liberties and the Constitution" was observed for first time on January 30, 2011, by the state of California, and first such commemoration for an Asian American in the US.[1][2]
* Let's dust-off THAT rationale for finally reversing Korematsu's conviction, apply it to The Perpetual War on Terror--and force a Declaration affecting both Exec and Congressional branches:
(call it) The War on tError is Over Act; all Rights suspended/stapled/mutilated since 9/11/01 are declared Restored, the Suspensions declared null/void and Icky.
Maybe that capacity for endless argument with no appreciation for Scale, is why we see by THIS USSC, just how omnipresent is the execrable Gaming of Systems
(as may kill us re any reform of 'finance' (or any timely response to planetary matters)--via premeditated running-out-the clock.]
May the next species be capable of self-government: for a First.