EQUAL PROTECTION ACTIVITY -- Korematsu case
DIRECTIONS: The KOREMATSU case has never been overturned, as we have not had another instance like the Japanese internment. Assume an Executive Order was issued ordering the internment of people of Middle Eastern descent, due to the war on terrorism. ANSWER IN YOUR JOURNAL.
(1) How could the government use Article II, section 2 and the precedent of KOREMATSU to justify internment? Include in your discussion which of the "tests" would apply to the internment.
(2) How could attorneys representing an American citizen of MidEast descent argue against the internment -- despite the precedent of KOREMATSU? Include in your discussion which of the "tests" would apply to the internment.