(DOWNLOAD) "Strict in Theory, But Accommodating in Fact?" by Missouri Law Review ~ Book PDF Kindle ePub Free

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Title: Strict in Theory, But Accommodating in Fact?
Author : Missouri Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 378 KB

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I. INTRODUCTION The origins of the strict-scrutiny test have been the subject of much academic debate. (1) According to some accounts, the roots of the test can be traced to the Supreme Court's decision in Korematsu v. United States, a widely criticized opinion that upheld the internment of Japanese Americans during World War II. (2) In that case, the Court held that "the most rigid scrutiny" would govern all challenges under the Equal Protection Clause (3) to the government's classification of individuals according to their race. (4) Analyzing the equal-protection challenge in a highly deferential manner to the government, (5) the Court held that the government's interest in preventing espionage and sabotage by the Japanese justified its internment of Japanese Americans during wartime. (6) Justice Murphy vehemently dissented from the Court's "legalization of racism" under the auspices of heightened scrutiny. (7)