Note 6 — Chapter I · INTRODUCTION

Justice Jackson, dissenting in the Japanese relocation case, Korematsu v. United States, 323 U. S. 214, 248 (1944) admonished the Court as follows:

“But I would not lead people to rely on this Court for a review that seems to me wholly delusive. The military reasonableness of these orders can only be determined by the military superiors. If the people ever let command of the war power fall in irresponsible hands, the courts wield no power equal to its restraint. The chief restraint upon those who command the physical forces of the country in the future, as in the past, must be their responsibilities to the political judgments of their contemporaries and to the moral judgments of history.”