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Question of Legality

Korematsu v. United States arose from the refusal of Fred Korematsu, a Japanese American, to obey the military’s order that he leave his home. As the U.S. Supreme Court considered the case, Justice Felix Frankfurter wrote to his colleague Justice Robert Jackson about Congress’s power to authorize the military to restrict the privilege of the writ of habeas corpus. Frankfurter asked whether, in light of a legislative suspension of the writ of habeas corpus, the Constitution limited Congress’s power to create penal sanctions against individuals who would not submit to incarceration.
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