Author Question: What did the Supreme Court decide in Korematsu v. U.S.? What was the basis for its decision? Do you ... (Read 45 times)

burchfield96 · **on:** Jul 10, 2018

What did the Supreme Court decide in Korematsu v. U.S.? What was the basis for its decision? Do you think the Court correctly interpreted the Constitution in this case? Why or why not?

What will be an ideal response?

Question 2

What was the Don't Ask, Don't Tell policy? What was the penalty for a soldier who violated this policy? What is the current status of the policy?

What will be an ideal response?

coreycathey · **Reply #1 on:** Jul 10, 2018

Answer to Question 1

Answer: An ideal response will:
1. Explain that the Supreme Court's decision in Korematsu v. U.S. upheld Franklin D. Roosevelt's internment of Japanese Americans during World War II.
2. Describe the basis for this decision, which is that it passed the strict scrutiny test as a reasonable exercise of government power, given that the United States was at war with Japan.
3. Use the Constitution to assess whether the Supreme Court decided this case correctly.

Answer to Question 2

Answer: An ideal response will:
1. Describe the Don't Ask, Don't Tell policy, which stated that the military would not ask about the sexual orientation of soldiers, but that soldiers could not tell others if they were gay or lesbian. Therefore, gays and lesbians could serve in the military, but only if they remained in the closet.
2. Note that gay and lesbian soldiers who revealed their sexual orientation could be discharged from the military.
3. Note that Barack Obama signed a law eliminating Don't Ask, Don't Tell and opening the door for gays and lesbians to serve openly in the military.