Separation of Powers

  1. Here are two Supreme Court Cases.
    I am hoping for a discussion on current and recent events.

    Article. I.
    Section 1.
    All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives...

    ...Article. II.
    Section. 1.
    Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows...

    Article. III.
    Section. 1.
    The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

    Section. 2.
    Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

    Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. ...

    In 1831 the Supreme Court decided in favor of the Cherokee. It stated that the Cherokee had the right to self-government, and declared Georgia's extension of state law over them to be unconstitutional.

    President Andrew Jackson said, "Chief Justice John Marshall has made his decision. Let's see if he can enforce it."

    This lead to the "Trail of Tears".,the forced removal of the Cherokee American Indian tribe by the U.S. federal government, which resulted in the deaths of thousands of Cherokee Indians.

    Ex Parte Endo
    In 1942, the California State Highway Commission in Sacramento, California dismissed Mitsuye Endo from her civil service stenographer job and the military ordered her to a detention center. She was a U.S. citizen and had a brother serving in the U.S. Army. Her attorney, James Purcell, filed a writ of habeas corpus on her behalf, contending that the War Relocation Authority had not rights to detain a loyal American citizen who was innocent of the various allegations the Army had used to justify the eviction and incarceration.

    On December 18, 1944, the Supreme Court ruled unanimously that Endo "should be given her liberty" and released from custody, since her loyalty was clearly established.

    In the ruling, Justice Murphy stated: "...detention in Relocation Centers of persons of Japanese ancestry regardless of loyalty is not only unauthorized y Congress or the Executive, but it is another example of the unconstitutional resort to racism inherent in the entire evacuation program."

    Major Pratt, commander of Military Area #1 at the time, ordered the suspension of the exclusion orders; and detained Japanese Americans were now free to return to their homes on the West Coast.

    Nevertheless, the rulings made by the Supreme Court left both dangerous and disturbing precedents. Knowing that martial law had not been declared on the West Coast, and all civil courts were open and functioning, the President and military could decide in their judgement, that a national emergency exists, and thus choose to ignore, suspend or deny all rights of its citizens.