Civil Liberties During World War II

Better Essays

"…neither can they fully convey our Nation 's resolve to rectify injustice and to uphold the rights of individuals. We can never fully right the wrongs of the past. But we can take a clear stand for justice and recognize that serious injustices were done to Japanese Americans during World War II." --President George H.W. Bush, 1988 Many times in history the Supreme Court has been faced with deciding how to treat civil liberties during war time. This raises the question, what restrictions if any should the court allow during wartime. The court is faced with making the decision on civil liberties during wartime for security reasons, and to protect the rights of the individual. While some may say that the no exception stance may put our national security at risk during war time, No exception is the only stance that is constitutionally acceptable as proven through the analysis of the different stances by examining related cases, text, and the constitution. There are five main positions on how the courts should view civil liberties during war time: success, no exception, maybe, dilemma, and living constitution. “Success” is the “whatever it takes to win” approach, meaning that rights given to the individual by the US constitution can be revoked during wartime. “No exception” is the opposite to the success approach, meaning that no matter what an individual’s rights cannot be revoked at any time for any reason. The stance of “maybe” means if there is an immediate threat then

Get Access