Based on prior experience, the framers of our Constitution understood the value of dispersing power and authority amid the assorted governing divisions in order to circumvent corruption. For this reason, a process of checks and balances was written into our system to guarantee that no singular branch of government became too powerful. The perception of balance in our administration, however, deserves scrutiny from time to time, as a few historical events have revealed dubious legal concepts embedded in our system. These events force us to question and inspect certain actions taken by government officials and the Judiciary alike. The internment of Japanese-Americans during the Second World War is one such example. By tracing this historical event, we are able to examine how the respective powers of the President and the Supreme Court interplay - for better or for worse - and how they are put into action.
--“First of all, let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” Such were the words spoken by Franklin Delano Roosevelt himself during his inaugural speech in 1933; a speech in which he addressed a weary country suffering the debilitating effects of the Great Depression. But… that was well before World War II - and long before Executive Order #9066. Time, and perhaps pressure, would cause Roosevelt to forget those words many years later.
After the bombing of Pearl Harbor on December 7, 1941, the country was immersed in fear. Some citizens developed unfounded suspicions that Japan was planning a full-scale attack on the West Coast. Civilians and military officials alike grew increasingly uneasy about the loyalty of the Japanese residing in that region. They petitioned the Federal Government to authorize the removal of all inhabits that were of