No CrossRef data available.
Article contents
Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942
Published online by Cambridge University Press: 02 September 2013
Extract
On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.
A. QUESTIONS OF NATIONAL POWER
1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITY
West Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.
- Type
- American Government and Politics
- Information
- Copyright
- Copyright © American Political Science Association 1944
References
1 320 U.S. 81, 1943.
2 On July 31, 1942, the Supreme Court handed down a decision holding valid the trial by a military commission of German saboteurs who had been apprehended the month before. It filed its opinion in this case on October 29, 1942, under the title Ex parte Quirin et al., 317 U.S. 1. The writer discussed this case in an article entitled “The Case of the Nazi Saboteurs” which appeared in this Review in December, 1942. (Vol. 36, p. 1082). Further comment on the case is therefore omitted from the present article.
3 317 U.S. 111, 1942.
4 252 U.S. 189, 1916.
5 318 U.S. 371, 1943.
6 318 U.S. 44, 1943.
7 319 U.S. 41, 1943.
8 317 U.S. 69, 1942.
9 318 U.S. 332, 1943.
10 318 U.S. 350, 1943.
11 320 U.S. 118, 1943.
12 319 U.S. 190, 1943.
13 317 U.S. 519, 1943.
14 318 U.S. 418, 1943.
15 303 U.S. 444, 1938. See this Review, Vol. 33, p. 259.
16 308 U.S. 147, 1939. See this Review, Vol. 35, p. 267.
17 318 U.S. 413, 1943.
18 319 U.S. 105, 1943.
19 316 U.S. 584, 1942. See this Review, Vol. 37, p. 278.
20 319 U.S. 141, 1943.
21 319 U.S. 157, 1943.
22 319 U.S. 103, 1943.
23 316 U.S. 584, 1942.
24 319 U.S. 579, 1943.
25 319 U.S. 624, 1943.
26 310 U.S. 586, 1940. See this Review, Vol. 35, p. 269.
27 316 U.S. 584, 1942.
28 319 U.S. 583, 1943.
29 319 U.S. 441, 1943.
30 318 U.S. 361, 1943.
31 318 U.S. 285, 1943.
32 317 U.S. 341, 1943.
33 318 U.S. 1, 1943.
34 317 U.S. 287, 1942.
35 201 U.S. 562, 1906.