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Supreme Court Cases: Schenck V. United States

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Throughout history, the united states supreme court has dealt with many controversial issues. The courts decisions in these cases have had a significant impact on the nation. Two such cases were Schenck v. United States and Korematsu v. United States. Both cases took place in a time of war when personal freedoms had to be sacrificed for the good of america. While the government is supposed to protect the people, sometimes, it actually limits their rights instead. The decision of the court in these cases drastically changed the lives of not only those involved in the case, but all other american citizens.
Schenck v. United States took place in 1919, during World War One. When the war broke out in Europe, the United States remained neutral and …show more content…
Instead, he tried to change his appearance, but was found out and arrested. There had been other cases similar to Korematsu involving Japanese Americans, but the military order to evacuate Japanese-Americans continued. The Supreme Court decided against Korematsu. The justices reasoned that the executive order was a military necessity because there was a reasonable fear of an enemy invasion and people of Japanese ancestry might be loyal to the enemy. Japanese Americans had to suffer for the greater good of America, even if due process was ignored. The dissenting judges argued that ruling against Korematsu was racist. Italians and Germans were not being moved to camps though we were also at war with the countries of their origin. It was also unfair to uproot the lives of so many Americans into terrible camps. They lost their homes, businesses and most of their property because they were forced to leave on very short notice and could take only what they could carry. The camps had no privacy and traditional family life was lost. This tragedy was even worse because most of them were American citizens and no acts of treason or sabotage by Japanese-Americans were ever discovered. As a result of the ruling, it was made absolutely clear that rights are not absolute, especially during wartime. These Supreme Court Cases reinforced the American ideal of self sacrifice in times of crisis. Schenck v. US made it clear that an individual cannot use their rights if they pose a clear and present danger to others. Korematsu v. US upheld the relocation of tens of thousands of innocent people from their homes to awful camps. In both cases, rights were sacrificed. Freedom of speech or the right to due process can both be stripped away for the greater good of America. All Supreme Court cases affect every American in one way or another at different points in history and

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