Korematsu v. United States (1944)
As a result of the Pearl Harbor
bombing in 1941 an executive order
was issued by President Roosevelt
and Congress that all people in the
US of Japanese ancestry must report
to “relocation camps.”
The issue: “Is an executive order and
the act of Congress enforcing it
constitutional uses of the war powers
of the President or Congress?”
The Decision: Yes, the President and Congress acted legally.
When it comes to national security, the federal government can
act as they see necessary to protect the American people. This
ruling was strictly based on the use of the war powers.
Brown v. Board of Education 1954
Why did the Supreme Court rule that “separate
but equal” are not equal?
Miranda v. Arizona 1966
New York Times v United States (1971)
A veteran gov’t official knew of secret
documents proving that the government
was lying to the American people about the
Vietnam war. The US Government did not
want the information to be published and
tried to stop it arguing national security
would be at risk.
The Issue: Can the government justify Prior
restraint to prevent newspapers from
publishing damaging information or is this a
violation of the 1st Amendment?
The Decision: The papers were allowed to publish
the articles because the government did not prove
that it was a matter of national security.
Roe v. Wade 1973
What reason did the supreme court give for
their ruling?
United States v. Nixon 1974
Executive Privilege: Right of President
to keep certain matters confidential.
(defense, national security)
Supreme court ruling:
Even the President of the US does not have
absolute executive privilege over
everything. If he did it would amount to an
unchecked power that could undermine the
rule of law. The President is not above the
law.