Korematsu v. United States · ¶23
The provisions of the Constitution which confer on the Congress and the President powers to enable this country to wage war are as much part of the Constitution as provisions looking to a nation at peace. And we have had recent occasion to quote approvingly the statement of former Chief Justice Hughes that the war power of the Government is “the power to wage war successfully,” Hirabayashi v. United States, supra at 93; and see Home Bldg. & L. Assn. v. Blaisdell, 290 U. S. 398, 426. Therefore, the validity of' action under the war power must be judged wholly in the context of war. That action is not to be stigmatized as lawless because like action in times of peace would be lawless. To talk about a military order that expresses an allowable judgment of war needs by those entrusted with the dirty of conducting war as “an unconstitutional order” is to suffuse a part of the Constitution…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 323, at 214 (Library of Congress) · transcription: Caselaw Access Project
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