However, we have remembered the past and did not repeat it, but did not truly learn from it. The war hysteria during the 1940’s is possibly a reasonable excuse for detaining Japanese Americans, but it is a “smudge” on American history that was not repeated on 9/11. The mass hysteria does not qualify the events in the 1940’s of uprooting the “Japs” on the basis of questionable loyalty, even if the person was only 1/16 Japanese with blonde hair and blue eyes. Later, bureaus conducted investigations on the constitutionality of the internment camps and found that basic rights were to those detained. This event serves as a warning to all that racial profiling and stereotyping, even during wartime, should not be implemented.
Should we cap the amount of power it posses at present? I will discuss the question at hand by discuss the role of judiciary, the importance of constitution and the conflict between between constitutionalism and democracy. The Judiciary serves an essential role in protecting us from erroneous doing of others, protecting the weak from the strong, the powerless from the powerful, fore fending individuals from the unwarranted or unlawful exercise of power by the state. This is the judicial function of the Judiciary system. When a dispute is brought before a court it’s the court responsibility to determine the facts involved given through evidence given by the contestant.
There is logical reasoning behind not placing these men, women, and children into an internment camps, while there rights have already been violated from documents that founded our country, pledge their loyalty to America, and have been discriminated against by their neighbors and the government. The Japanese-Americans have suffered enough and should not have to be further punished for a crime they did not commit. Placing these citizens in internment camps would be a mistake on behalf of the U.S. government.
The rights of the Japanese as American citizens were taken away and this can happen again. This is an important factor in the Constitution, because the government must be able to protect the country and its citizens in times of war even if it means unintentionally making innocent people suffer. Still, what happened to the Japanese-Americans was horrible which was not realized until too late, because they really did not threaten nation’s safety. Their forced internment should have been more carefully planned. The Japanese-Americans were evacuated because of their ancestry, but this does not mean the internment was necessarily racist.
In a 7 to 2 vote the Supreme Court found that prison guards exerting excessive force maliciously to induce harm on inmates violated his eighth amendment rights even if there were no permanent injuries of hospitalization ( Taxin, 1052). In this case the Supreme Court ruled that beating prisoners was unconstitutional because it was viewed as cruel and sadistic. Ludovico treatment does not seek to harm criminals, instead it seeks to reform criminals so they won’t be a danger to society. For this reason the Supreme Court would not rule Ludovico unconstitutional. Another example of a Supreme Court case dealing with the eighth amendment was the Supreme Court case Roper v Simmons in 2005 ( DeNunzio, 369).
Profiling Foreign Students is Rational and Legitimate Sixty years ago, the United States placed Japanese-, German-, and Italian-Americans in internment camps. Our country has also excluded people of various nationalities simply because we didn't like "their kind." The government's scrutiny of Middle Eastern students in response to September 11 has thus evoked acute suspicions and fears that the Hollywood scenario in "The Siege" will become a reality. Others are concerned that even if internment is a remote possibility, the recent heightened attention toward a group of foreign students amounts to racial profiling. These fears are perfectly reasonable but, thankfully, unsupported by what has happened thus far.
The principles of law that the judge used to make his decision are the important part of the judgement, and are known as ratio decidendi, or 'the reason for deciding'. This is what creates a precedent for judges to follow in future cases. This is identified not by the judge that makes the decision, but by lawyers looking at it afterwards, they may therefore have different views on it. The remainder of the judgement is called obiter dicta and in future cases, judges do not have to follow it. These are other things the judge said, such as the reasoning and explanation of why he made the decision.
Since there was a huge influx of Japanese Americans in the West Coast, there was anger and fear that they might take over the U.S [Yellow Peril]. The imminence of the World War II solidified the motive to be afraid of the Japanese Americans and created cause for the U.S government to lead them to internment. Surprisingly even though Americans boasted about democracy, most of the Nikkei placed in internment were American citizens by law and had no right to be incarcerated. After 30 years, President Ford, the current chief of staff reversed Executive Order 9066. He stated that it was wrong to detain Nikkei as they were loyal to America.
Affirmative action is not the solution to ensure equal opportunity for minorities to access higher education. Although affirmative action has increased diversity in selective schools, it defeats its purpose because the resulting diversity is not equal representation of the nation’s communities , the process has led to reverse discrimination, and the education standard has been lowered in the selective schools. At the start of a new era, the Constitution was created in order to ensure security and prosperity for the citizens of the United States. Within this sacred document is the 14th Amendment which states “All persons born or naturalized in the United States….are citizens of the United States….nor shall any state deprive any [citizen] of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (14th Amendment). This amendment was created in order to protect the Civil Rights Act of 1866 that gave citizens the same rights “without distinction of race or color, or previous condition of slavery or involuntary servitude” (1866 Civil Rights Act), but it was written such... ... middle of paper ... ...ades and effort because they are learning in an unmotivated and less competitive environment which later affects their education as well.
§ It is a major source of law both today and historically. § If law on a particular source of law is not found in legislation - law will be found through common law reasoning. § That is to say that if no Act of parliament or Dl to follow then judges look at the past decision of a similar case to find a solution to the case before them § The hierarchy of the courts is also important to know as the lower courts must follow the past decisions of the higher courts- also known as biding precedent. Stare decisis. § Jp is known as stare decisis where judges extend and modify existing rules.