Wednesday Open Thread: It's Fred Korematsu Day (California, Florida, Hawaii, Virginia)

It's Day 30 of the Year 2019 CE, meaning that it's January 30, 2019

Fred Korematsu was a US citizen who refused to obey the WWII order requiring all persons of Japanese descent in California, Oregon and Washington to report to relocation centers from whence they were to be shipped off to concentration camps. He quite correctly felt that this deprived him of his right to a trial on the question of the adequacy of his loyalty and was equivalent to imprisonment without a trial. He was arrested and convicted in District Court of violating the law implementing the order and sent off to a camp. He was eventually able to appeal to the Ninth Circuit which upheld his conviction, and then to the Supreme Court, which did likewise.
In Korematsu v. United States, 323 U.S. 214, Justice Black, writing for the 6-3 majority pretty much lied in saying that Mr. Korematsu was not subjected to the exclusion order because "of hostility to him or his race", but because the military authorities felt it necessary and proper and we had to trust them in time of war. (There was hostility to the Japanese, but beyond that they were clearly singled out based on their race, insofar as nothing similar was perpetrated upon Germans and Italians in the Eastern US.) Justice Frankfurter, concurring, spewed something along the lines of "The war powers are part of the Constitution and hence cant' be unconstitutional, so we are bound to defer to the judgement and decisions of the military authorities". Justice Murphy, dissenting, called the order racism and deemed the majority's decision to be no less than the enshrinement of racism in the Constitution. Justice Robert Jackson's dissent did not use the word racism, but made it clear that this was very much a racist order and insinuated that it was tantamount to a retroactive bill of attainder. Justice Owen Roberts' dissent was milder in language, but made it clear that the order and law was all about Mr. Korematsu's ancestry and nothing else, which, to me, again raises the taint of some twisted ex post facto bill of attainder.
Of course, the Justice Department had lied and concealed evidence, as it so often does. When this came to light, Mr. Korematsu petitioned to have the case overturned as being so flawed as to constitute a travesty of justice that should not be allowed to stand. The government made a counter submission in which it admitted no errors but nonetheless requested that the decision be vacated without any findings of facts as to its merits. Judge Marilyn Hall Patel instead ruled that the Supreme Court had been fed a ration of shit which was sufficient grounds to overturn Korematsu's conviction. Unfortunately, she further ruled that because the reversal was based on prosecutorial misconduct, there was no error of law and any legal precedents established by the case would remain in force.
Recently, in Trump v Hawaii, Chief Justice Roberts, writing for the majority, noted obiter dictum, that Jackson's dissent in Korematsu was on the money and that Korematsu ws wrongly decided and bad law. Unfortunately, dicta have no precedential value. In dissenting from the majority decision in Trump v Hawaii, Justice Sotomayor took note of that dictum but said that the Trump decision used the same logic and reasoning as the Korematsu case used and merely replaced one horrible decision with another.
Beyond his own cases and challenges, Fred Koremstsu was a lifelong civil right activist. On September 23, 2010, Schwarzenegger legally designated January 30 of each year as the Fred Korematsu Day of Civil Liberties and the Constitution,. The main initial public celebration was held in UC Berkeley's Wheeler Auditorium. Since 2010, several other states have joined California in celebrating Mr. Korematsu.
So Fred Korematsu is a local hero and his conviction has been overturned. There are some schools and a street named after him, there have been awards in his name and in 2011 the Justice Department finally apologized and admitted to its wrongdoing in one of those "we did a bad thing, but we're past that and we'll be good going forward." types of speeches. The Korematsu Institute will carry on in his name. The Justice Department and the Supreme Court also have a legacy, a horrible one. Korematsu v US is still on the books and Justice Roberts' feel good obiter dictum cannot change the fact that it is still a legal precedent, just waiting to be used the next time the court decides that it wishes to arrive at a conclusion that Korematsu v US will support. We can be relatively sure that this will more likely than not happen and that the decision will be an odious one. The logic and language in Korematsu support a form of police statism, wherein nobody has any real rights in time of war, crises, or emergency other than to obey and do as they are told. This will apply equally to a war of national defence and a volitional, imperialistic endless war for profit, and even to a security state or police state triggered by the putative existential threat embodied in the phantom evil of the week. The courts have seriously chewed up and spit out the Bill of Rights and we really need to find a way to seize them back.
Image is: WWII: Poston, Arizona Relocation Camp for Japanese-Americans by Hikaru Iwasaki, 1945 (NARA) Public Domain
Its an open thread so have at it. The floor is yours
.

Comments
4 AM, can't sleep as usual.
My sleep schedule has been screwed up for about 6 months now, and I'm trying to get somewhat back to a regular rhythm. On the plus side I do tend to write well early in the morning, so hopefully that keeps being a thing.
These days I've realized that I'm not going to make everybody happy, and if I take stances, I will make people angry. I didn't used to be strong enough to accept that. I used to believe that it was possible to make everybody happy. That of course is the position of the Democratic Party, which believes that if we all sing fucking Kuhmbaya and fill our meaningless consumer driven lives with the proper representation, we will all get to the land of milk, honey and consumer goods.
[video:https://www.youtube.com/watch?v=sT0g16_LQaQ]
I do not pretend I know what I do not know.
Good morning, detroit. Sorry about the insomnia, but writing
is good, so I guess that there's that. Have the best day you can.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
The federal judiciary, especially the SCOTUS, seems to me to
be motivated by:
1. Personal politics of each Justice; and
2. Reducing the number/kinds of cases that can come before the federal judiciary. IF Chief Justice Marshall can correctly be criticized for grabbing power for the federal judiciary when the nation was young, then later Justices can be criticized for their reluctance to exercise their power.
And, as we have seen from the FISA courts created by a Democratic Congress under President Carter, federal judges are highly unlikely to take it upon themselves to contradict the Executive or Congress when it comes to what does or does not constitute a matter of national security, especially if the nation is at war at the time (and when has the US not been at war lately?).
Readers, please note two things:
A. The emphasis on IF in number 1, above.
B. That I am not saying any of the above is correct or desirable or, for that matter, incorrect or undesirable--or, more significantly, constitutional or unconstitutional.
C. A federal court's deciding that something does not violate the Constitution does not, of course, mean it must be done. Elected officials still could have ended internment.
D. Germans and Italians were also interned, though in far, far fewer numbers than Japanese.
E. In my personal opinion, which has zero relevance, all the internments violated the due process clause of the Fifth Amendment.
Side note: The person responsible for carrying out FDR's internment orders as to Californians--from where the majority of interned Japanese were snatched--was California's Attorney General. That office was then held by one Earl Warren, who went on to be a Republican Vice Presidential candidate and one of the most liberal justices even to sit on the bench of the Supreme Court. And then, to head the Warren Commission, at the behest of LBJ, who apparently convinced Warren that his duty to his country required him to head the Commission.
When asked what decision of his he regretted most in his eight years as President, Eisenhower cited nominating Warren, who was Chief Justice when the Court decided Brown v. Board of Education .* According to Warren's autobiography, at a Republican fundraiser, Eisenhower remarked to Warren something like, "See, Earl? These are not bad people. They just don't want their little girls sitting next to some big gorilla." Or very similar words. (I read that excerpt on the internet years ago, but have not been able to find it again recently. I should probably buy the autobiography second-hand and check for that quote for myself.)
*But see this footnote to Warren's wiki article: Eisenhower biographer Jean Edward Smith concluded in 2012 that "Eisenhower never said that. I have no evidence that he ever made such a statement."[100] Nonetheless, Eisenhower privately expressed his displeasure regarding some of Warren's decisions, while Warren grew frustrated at Eisenhower's unwillingness to publicly support the Court's holding in Brown v. Board of Education. In 1961, when Eisenhower was asked whether he had made any major mistakes as president, the former president responded "yes, two, and they are both sitting on the Supreme Court."
Good mrning HAW. Yep, on the money. They decide based
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
Thanks for the Korematsu story
I'm proud my family interceded on behalf of Pete Seeger whose fiancee was part Japanese, and saved her from the internment camps.
https://www.motherjones.com/politics/2015/12/pete-seeger-fbi-file/
Stay warm everybody!
“Until justice rolls down like water and righteousness like a mighty stream.”
Too cool, lookout! I saw a PBS program about Seeger, during
which the wife he obviously loved so much spoke briefly about the sacrifices that she felt she had to make regarding herself and their kids, and their life in general, so that he could do what he did. We so seldom think of things like that when we admire and praise our heroes.
Good morning, Lookout. It's great that your family was
involved. Thanks for the detail/deep dive on the early stages of the hrassment and persecution of Seeger. I knew none of that.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
'Murica is a dying empire. I say good riddance.
[video:https://www.youtube.com/watch?v=NjlxwWD5yR8&start_radio=1&list=RDNjlxwWD...
Lyrics in Latin:
Clarior ebore
Tardior tempore
Prima luna uespera
Trahit una sidera
Valles, montes, nemora
Amnes, fontes, aequora
Densae uelo caliginis
Aequantur caelo terminis
Quiescunt omnia sub tenebris
Cubantque somnia in palpebris:
Nox atra renouet mysterium
Quo curas remouet silentium
In English:
Brighter than ivory
Slower than time
As evening falls, the moon
Brings the stars together
Valleys, mountains, woods
Rivers, sources, seas
Under the veil of a thick shadow
Bring their borders to the sky
Everything lies in a quiet darkness
And sweet dreams sit on everyone's eyelids:
May the dark night renew its mystery
When silence removes all the troubles
Modern education is little more than toeing the line for the capitalist pigs.
Guerrilla Liberalism won't liberate the US or the world from the iron fist of capital.
Good morning, Aspie. It seems unfortunately unlikely that
the empire will go quietly. Whether it explodes or implodes, its end is likely to result in widespread misery and grief and probably a lot more deaths before it is over.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
Good Day
The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -
Good afternoon, Tim. Had to run out to the dentist and just
got back, hopefully done with that for at least 6 mnths. I'll catch the tune as soon as I get the socks on the line. Have a great one.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
Funkin' Dentist
The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -
My wie and I both have reserves for such things, as
ex-accountants will tend to do, but it did bite into them. Then again, as we all know, reality bites.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
howard ikemoto - local artist was interened at age 3 -
beloved teacher in Santa Cruz County
http://www.tritonmuseum.org/exhibitions_Ikemoto.php
http://www.metroactive.com/papers/cruz/11.15.00/ikemoto1-0046.html
http://goodtimes.sc/santa-cruz-arts-entertainment/art/howard-ikemoto-las...
https://wscjacl.files.wordpress.com/2018/08/september-20181.pdf
Ikemoto wrote that he and his siblings, all younger than 7, were required to wear tags when the evacuation began.
His mother had felt the hostility from the non-Japanese community, he wrote.
“She feared that the FBI was coming to take her husband away any day, because she’d heard that leaders in the Japanese community were being arrested and sent to prisons. Her knees shook each time there was a knock on the door or the doorbell rang,” Ikemoto wrote. “My mother destroyed many things she had collected over the years that related to our family’s ethnic heritage, for fear that the objects would identify us as sympathizers of Japan.
“No one knew what to expect. It was a frightening time.”
...
In 1943, Santa Cruz, Monterey and San Benito counties unanimously opposed the release of those interned at the camps, , claiming that people of Japanese ancestry could not be trusted as loyal Americans. It was not until 2002 that the counties rescinded their resolutions, and to date only Monterey County has issued a formal apology.
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Good afternoon, magi. Horrible story, and one of a great, great
many. Didn't know about the 3 counties and their ordinances, or their uber-shameful delay in rescinding them. Racism, plain and simple.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
us government granted every japanese internee 20K
82K people received reparations
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rather too little, rather too late.
the depressing thing is that as a nation, we learned NOTHING.
The earth is a multibillion-year-old sphere.
The Nazis killed millions of Jews.
On 9/11/01 a Boeing 757 (AA77) flew into the Pentagon.
AGCC is happening.
If you cannot accept these facts, I cannot fake an interest in any of your opinions.
yep
Hashimoto said he thought it would “cheapen” the
government’s apology to the Japanese Americans. [to give reparations] But
after hearing about an elderly Issei, a first-generation
Japanese immigrant, who was living in Los Angeles on a
meager $5 a week for food, Hashimoto then realized that
$20,000 wasn’t enough
https://wscjacl.files.wordpress.com/2018/08/september-20181.pdf
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Magi - one minor change I'd suggest:
us government
grantedpromised every japanese internee 20K. They dragged their feet so long that a great number of internees died before payment was made. I know a guy who was the heir to one such.That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
lsd bummer n/t
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Heh
The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -
Heh, obviously nobody asked unca mud:
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --
I didn’t hear of Korematsu v. US until I was in college. I
was horrified that I hadn’t known before that. I learned about Anne Frank in junior high school (no middle school then), but had no idea about my own government’s injustice and racism so recently. Considering what we did to the Native Americans and African Americans, I shouldn’t have been so shocked.
"The object of persecution is persecution. The object of torture is torture. The object of power is power. Now do you begin to understand me?" ~Orwell, "1984"
Good aftenoon, Lily. It's one of those things they very
carefully do not teach us in school. I took some undergrad courses in civil rights law and was boggled by the implied obesiance of the courts to the military inherent in the decision.
That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --