CLASS RECAP & SUMMARY FOR NOVEMBER 10, 2009
First they came for the communists, and I did not speak out—because I was not a communist;
Then they came for the socialists, and I did not speak out—because I was not a socialist;
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—because I was not a Jew;
Then they came for me—and there was no one left to speak out for me.
--attributed to Pastor Martin Niemöller (1892–1984)
"If you have a feeling that something is wrong, don't be afraid to speak up." - -Fred Korematsu
Ngai, Chapters 4-5.
These quotes were not discussed in class. What is the signifance of these two quotes to our discussions in class?
I. Our telephonic talk with James Kurotsuchi, Esq. son of two Japanese Internees during World War II.
A. What he said.
B. How he feels.
C. Lessons to be learned.
D. Compensation paid to internees
The Appellate Process
A. The stakes are high either way, we we know losers win. Winners go home, but save only themselves.
1. What does this mean (see Fred Korematsu, below)?
Today, America is "at war" Who is the "enemy"?
-Pearl Habor Attack (December 7, 1941)
Executive Order 9088
--who did it affect and why
Japanese Internment-What happened and Why
--Basis under the law
the meaning of "We Shall Never Forget"
--Discussion of the immigration courts and their lack of jurisdiction over US citizens. What is the significance? The protection of immigrants and laws passed in the name of "national security" during these times.
--Compare the NSEERS special registration program.
--How about in times of "War"
--Fred Korematsu and his case at the US Suprme Court.
--Did he have the last say afterall?
--How does his story relate to the Guantanomo Detainees Today?
--The Fort Hood Shootings. Our hypothetical discussed in class
The Nisei, Nikkei, and Sansei
-Korematsu received the Presidential Medal of Honor.
-His "Amicus" brief to the US Supreme Court (decades later) in Rasul v. Bush. Did he have the last word after all?
--compensation paid to Japanese Internees by Congress.
--What do some of these events in our history say about the importance of the writ of habeas corpus for immigrants? The appeallate process for immigrants?
Complete Ngai, Chapters 4-5.
PDF e-handout, US Suprme Court Decision in Rasul v. Bush (emailed to you on 11-10-09).
See you next week...
-Christopher Helt, Esq.