<x-charset windows-1252>Gustl Steiner-Zehender wrote:

> And  just  so  we  don't start getting puffed up here in the states we
> need to remember that we had concentration camps for the Japanese here
> and  we  considered them completely legal.  Pick your enemy, persecute
> them and lock them up.  Sad commentary on we humans.

Umm. No. We did it, but it wwas *NOT* considered legal. In Ex Parte 
Endo, Mitsuye Endo first complied with the internment order, then filed 
a writ of habeas corpus against this illegal detainment. The U.S. 
Supreme Court ruled in favor of Endo on Dec. 18th, 1994 and ordered 
Endo’s release; shortly thereafter, the U.S. government ended Japanese 
American interment.

Specifically, in the majority opinion Justice Douglas wrote "A citizen 
who is concededly loyal presents no problem of espionage or sabotage. 
Loyalty is a matter of the heart and mind, not of race, creed, or color. 
He who is loyal is by definition not a spy or a saboteur. When the power 
to detain is derived from the power to protect the war effort against 
espionage and sabotage, detention which has no relationship to that 
objective is unauthorized."

Moreover, in a concuring opinion Justice Murphy added: "I join in the 
opinion of the Court, but I am of the view that detention in Relocation 
Centers of persons of Japanese ancestry regardless of loyalty is not 
only unauthorized by Congress or the Executive but is another example of 
the unconstitutional resort to racism inherent in the entire evacuation 
program. As stated more fully in my dissenting opinion in Korematsu v. 
United States, ante, p. 233, racial discrimination of this nature bears 
no reasonable relation to military necessity and is utterly foreign to 
the ideals and traditions of the American people."

Thus, while we may have done it, it most decidedly was *NOT* legal.

Cheers.

John








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