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What is the court case that upheld Executive order 9066 as constitutional?
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∙ 11y ago
Hirabayashi v. United States, 320 U.S. 81 (1943) , Yasui v. United States, 320 U.S. 115 (1943) and notably Korematsu v. United States, 323 U.S. 214 (1944) . ~ see links below .
Wiki User
∙ 11y ago
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Executive order 9906 suspended the constitutional rights of which group during world war 2?
executive order suspended the constitutional rights of anyone of Japanese decent living on the west coast and southern arizona, as well as hawai. the executive order was put into place after japan bombed pearl harbor
What is the executive order 66?
You might be thinking of executive order 9066, which was issued in 1942 and ordered Japanese Americans to be sent to internment camps.
What is a legal order that forces a person to appear in court?
A subpoena issued by the court.
Was the American army still segregated during ww1?
Yes. Desegration didn't occur until 1948 under Executive Order 9981
Who designed the 48 star flag?
President William Howard Taft issued an Executive Order that formalized the appearance of the 48-star flag.
Why was executive order 9066 upheld as constitutional?
The constitutionality of Executive Order 9066 was upheld because the provisions of other orders that required individuals of Japanese ancestry to report to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate.
Executive order 9906 suspended the constitutional rights of which group during world war 2?
executive order suspended the constitutional rights of anyone of Japanese decent living on the west coast and southern arizona, as well as hawai. the executive order was put into place after japan bombed pearl harbor
Who can declare an act of the President unconstitutional?
Any court in the federal Judicial Branch may declare an Executive Order (or act of the President) unconstitutional if it is relevant to a case or controversy before the Court. For example, Judge John Sirrica of the US District Court for the District of Columbia held that President Nixon couldn't keep the Watergate taps by exercising Executive Privilege because the tapes were part of a federal investigation affecting the rights of other individuals.When a lower court declares a law, executive order or other act unconstitutional, the case will inevitably go to the US Supreme Court because the stakes are high, and they are the final authority on constitutional interpretation. In the Nixon case, the Supreme Court upheld the US District Court's decision and ordered the tapes turned over to the Special Prosecutor.
Who can rule that laws or executive acts are unconstitutional?
Any Article III (constitutional) federal court in the Judicial Branch of government may declare a law or executive order unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court.Because Executive Orders and federal laws are important, any decision overturning a one or the other as unconstitutional would probably (not definitely) be appealed to The US Supreme Court. The Supreme Court is the final arbiter of constitutionality, and may overturn the lower court's decision on appeal.Judicial BranchUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
Does the US Supreme Court have the power to issue executive orders?
No. Only the President of the United States, or the Vice-President, if the President is incapacitated, has the Constitutional authority to issue "executive orders." The President is the head of the Executive branch of government.
What branch of government can declare a presidential Executive Order unconstitutional?
The Judicial Branch can declare a Presidential Order (called an Executive Order) unconstitutional. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.
Issuing executive orders is generally considered to fall under what constitutional duty?
Issuing of executive orders is an implied power of the President. The purpose of an executive order is to help governmental offices in performance of their duties.
What is the significance of korematsu v. us?
Korematsu v United States (1944) remains a profound case and precedent in the study of civil liberties and American Constitutional law. The chief significance was the Courts majority opinion that national security (against espionage) was a compelling interest enough that the use of internment was/is justified.
An order to delay a person's punishment until a higher court can hear the case?
no pinchis mamen
What branch of government is the US Supreme Court checking when they declare an act of the President unconstitutional?
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.
What branch of government can declare executive orders unconstitutional?
The Judicial Branch can declare an Executive Order (a Presidential Order) unconstitutional if it is presented to the court as part of a case or controversy.While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.
What is one way that the judicial branch can overrule the executive branch?
The judicial branch of government can overrule the executive branch of government. The overruling of an executive order can be done in the supreme court system.
