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02.ci.012.ushistory.crm3.1.2026
this excerpt is from justice blacks decision in the supreme court case korematsu v. united states in 1944
\korematsu was not excluded from the military area because of hostility to him or his race. he was excluded because we are at war with the japanese empire, because the... authorities feared an invasion of our west coast and felt constrained to take proper security measures.\
based on this excerpt, with which statement would justice black have agreed?
○ the supreme court lacks the power to block executive orders
○ military courts issued the first restriction on japanese immigration
○ civil liberties can be restricted if a \clear and present danger\ exists
○ individual rights must be protected, even during national emergencies.
Justice Black's excerpt from Korematsu v. United States states the exclusion was based on wartime security concerns with Japan, not hostility to Korematsu's race. This aligns with justifying restrictions on civil liberties when a perceived national danger exists. The other options contradict his reasoning: he affirms the court upheld the executive/military action, the restriction was not about immigration, and he does not prioritize individual rights over national emergency security measures.
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Civil liberties can be restricted if a "clear and present danger" exists.