The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Where Congress has provided for judicial review after the regulations or
orders have been made effective it has done all that due process under
the war emergency requires."[1306] The more specific clauses of the Bill
of Rights yield less readily, however, to the impact of a war emergency.
In United States _v._ Cohen Grocery Company,[1307] the Court held that a
statute which penalized the making of "'any unjust or unreasonable rate
or charge in handling * * * any necessaries,'" was void on the ground
that it set up no "ascertainable standard of guilt" and so was
"repugnant to the Fifth and Sixth Amendments * * * which require due
process of law and that persons accused of crime shall be adequately
informed of the nature and cause of the accusation."[1308]
PERSONAL LIBERTY IN WARTIME
That the power of Congress to punish seditious utterances in time of war
is limited by the First Amendment was assumed by the Supreme Court in
the series of cases[1309] in which it affirmed convictions for violation
of the Espionage Act of 1917.[1310] But in the famous opinion of Justice
Holmes in Schenck _v._ United States,[1311] it held that: "When a nation
is at war many things that might be said in time of peace are such a
hindrance to its effort that their utterance will not be endured so long
as men fight and that no Court could regard them as protected by any
constitutional right."[1312] A State also has power to make it unlawful
to advocate that citizens of the State should not assist in prosecuting
a war against public enemies of the United States.[1313] The most
drastic restraint of personal liberty imposed during World War II was
the detention and relocation of the Japanese residents of the Western
States, including those who were native-born citizens of the United
States. When various phases of this program were challenged, the Court
held that in order to prevent espionage and sabotage, the freedom of
movement of such persons could be restricted by a curfew order,[1314]
even by a regulation excluding them from a defined area,[1315] but that
a citizen of Japanese ancestry whose loyalty was concerned could not be
detained against her will in a relocation camp.[1316]
ALIEN ENEMIES
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