1940 Congressional Record-Senate 6767 8396

Total Page:16

File Type:pdf, Size:1020Kb

1940 Congressional Record-Senate 6767 8396 1940 CONGRESSIONAL RECORD-SENATE 6767 8396. By Mr. REES of. Kansas: Petition of Effie Mallory 8412. Also, petition of the International Union, United and 108 other citizens of Admire, Kans., on behalf of House Automobile Workers of America, Dodge Local No. 3, Detroit, bill 8264; to the Committee on Ways and Means. Mich., petitioning consideration of their resolution with ref­ 8397. By Mr. SUTPHIN: Petition of the New Jersey De­ erence to Senate ·bill 591, United States Housing Authority partment, Disabled American Veterans of the World War, program; to the Committee on Banking and Currency. urging that an adequate defense, sufficient to resist all pos­ 8413. Also, petition of Martin J. Gillen, of Land O'Lakes, sible invasion from foreign countries, be maintained, and Wis., petitioning consideration of their resolution with refer­ asking support of the President's program of preparedness; ence to the disastrous eft'ect on a financial break-down of our to the Committee on Military Affairs. railway systems in relation to our national defense; to the 8398. By Mr. SWEENEY: Petition of sundry citizens of Committee on Interstate and Foreign Commerce. Cuyahoga County, State of Ohio, urging enactment of House bills 7646 and 3649, and hearings by the Post Office and Post Roads Committee; to the Committee on the Post Office and SENATE Post Roads. FRIDAY, MAY 24, 1940 8399. By the SPEAKER: Petition of the United Electrical, Radio, and Machine Workers, Local 1421, petitioning con­ (Legislative day of Wednesday, April 24, 1940) sideration of their resolution with reference to a bill to The Senate met at 12 o'clock meridian, on the expiration deport Harry Bridges; to the Committee on Immigration of the recess. and Naturalization. The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the 8400. Also, petition of District No. 2, United Cannery, following prayer: Agricultural, Packing, and Allied Workers of America, peti­ tioning consideration of their resolutiqn with reference to 0 Thou, who art ever nigh, unto whom Thy children the Dies committee; to the Committee on Rules. flee for succor, we humbly beseech Thee for all sorts and 8401. Also, petition of the Brotherhood of Sleeping Car conditions of men, that Thou wouldst be pleased to make Porters, American Federation of Labor, New York, N. Y., Thy ways known unto them, Thy saving health unto all petitioning consideration of their resolution with reference to nations. · the omnibus transportation bill of Senators WHEELER and For the youth of our country we implore Thy guidance and LEA; to the Committee on Interstate and Foreign Commerce. direction, and, as they enter the opening doors of oppor­ 8402. Also, petition of Chevy Local No. 668, United Auto­ tunity, eager for the challenging experiences of life, do mobile Workers of America, Congress of Industrial Organiza­ Thou set for them great tasks, giving them of Thy strength, tions, Saginaw, Mich., petitioning consideration of their reso­ that, as citizens of our Republic, they may reach the goal lution with reference to Senate bill 591, United States Hous­ of high achievement. ing Authority program; to the Committee on Banking and Again we pray for those who have tried and failed, to Currency. whom the meridian of life brings naught but discourage­ 8403. Also, petition of the International Union, United ment. Do Thou take their broken lives into Thy mending Automobile Workers of America, Local 85, Racine, Wis., pe­ hands, and give them the rehabilitation and comfort of titioning consideration of their resolution with reference to Thy beneficence. Senate bill 591, United States Housing Authority program; And so, dear Lord, we commit ourselves and our sin­ to the Committee on Banking and Currency. stained world to Thy tender care. Grant that holiness and 8404. Also, petition of the International Workers Order, purity, truth and patience, daring and tenderness, hope and Branch 3506, Calumet City, Til., petitioning consideration of faith may once more be enshrined in the hearts and lives of their resolution with reference to the antialien bills, to the men as the constant and pervading things in our humanity, Committee on Immigration and Naturalization. as veritable harbingers of peace. 8405. Also, petition of the Pullman Porters and Maids We ask it in the name of Jesus Christ, our Lord. Amen. Protective Association, Chicago, Dl., petitioning consideration of their resolution with reference to House bill 9406, con­ THE JOURNAL cerning the Interstate Commerce Act; to the Committee on On request of Mr. BARKLEY, and by unanimous consent, the Interstate and Foreign Commerce. reading of the Journal of the proceedings of the calendar day 8406. Also, petition of the Railroad News, Chicago, Ill., of Thursday, May 23, 1940, was dispensed with, and the Jour­ petitioning consideration of their resolution with reference nal was approved, to House bill 9406, concerning the Interstate Commerce Act; MESSAGES FROM THE PRESIDENT to the Committee on Interstate and Foreign Commerce. Messages in writing from the President of the United States, 8407. Also, petition of the Washington Industrial Union submitting nominations, were communicated to the Senate Council, Washington, D. C., petitioning consideration of their by Mr. Latta, one of his secretaries. resolution with reference to Senate bill 591, United States Housing Authority program; to the Committee on Banking MESSAGE FROM · THE HOUSE and Currency. A message from the House of Representatives, by Mr. Cal­ 8408. Also, petition of the Young People's Religious Union, !oway, one of its reading clerks, announced that the House Boston, Mass., petitioning consideration of their resolution had passed a joint resolution CH. J. Res. 544) making appro­ with reference to House bill 7534, concerning the poll-tax priations for work relief and relief, for the fiscal year ending restrictions in Federal elections; to the Committee on the June 30, 1941, in which it requested the concurrence of the Judiciary. Senate. 8409. Also, petition of the Young People's Religious Union, ENROLLED Bn.LS SIGNED Boston, Mass., petitioning consideration of their resolution The message also announced that the Speaker had affixed with reference to Federal antilynching legislation; to the his signature to the following enrolled bills, and they were Committee on the Judiciary. signed by the Vice President: 8410. Also, petition of the Young Women's Christian Asso­ S. 255. An act authorizing the Secretary of War to convey ciation, Boston, Mass., petitioning consideration of their reso­ lution with reference to antialien bills; to the Committee on to the port of Cascade Locks, Oreg., certain lands for munici­ Immigration and Naturalization. pal purposes; and 8411. Also, petition of the International Union, Dodge S. 1214. An act to provide for a more permanent tenure for persons carrying the mail on star routes. Local No. 3, United Automobile Workers of America, Detroit, Mich., petitioning consideration of their resolution With ref­ CALL OF THE ROLL erence to antialien bills; to the Committee on Immigration Mr. BARKLEY. I suggest the absence of a quorum. and Naturalization. The VICE PRESIDENT. The clerk Will call the roli. 6768 CONGRESSIONAL RECORD-SENATE MAY 24 The Chief Clerk called the roll, and the following Senators Mr. O'MAHONEY, from the Committee on. Public Lands answered to their names: and Surveys, to which was referred the bill (S. 2915) relating Adams Connally Johnson, Colo. Radcliffe to rentals in certain oil and gas leases issued under authority Andrews Danaher King Reynolds of the act of February 25, 1920, as amended, and for other Ashurst Davis La Follette Russell Bailey Downey Lee Schwartz purposes, reported it with an amendment and submitted a Barbour Ellender Lucas Sheppard report (No. 1673) thereon. Barkley George Lundeen Shipstead Bilbo Gerry McCarran Slattery He also, from the same committee, to which was referred Bone Gibson McKellar Smathers the bill (H. R. 8403) to convey certain lands to the State of Bridges Gillette McNary Smith Wyoming, reported it without amendment and submitted a Brown Guffey Maloney Stewart Bulow Gurney Miller Thomas, Idaho report (No. 1674) thereon. Burke Hale Minton Thomas, Okla. DEFENSE COORDINATION OF THE PANAMA AND FLORIDA CANALS Byrd Harrison Murray Thomas, Utah Byrnes Hatch Neely Tydings (S. DOC. NO. 198) Capper Hayden Norris Vandenberg Mr. HAYDEN, from the Committee on Printing, reported Caraway Herring Nye VanNuys a preliminary study or statement on the defense coordination Chandler Hill O'Mahoney Wagner Chavez Holman OVerton Walsh of the Panama and Florida canals, by Henry Holland Buck­ Clark, Idaho Hughes Pepper Wiley man, a member of the American Society of Civil Engineers, Clark, Mo. Johnson, Calif. Pittman referred to that committee on the 30th ultimo with a view to its Mr. MINTON. I announce that the Senator from Wash­ being printed; and, on motion by Mr. HAYDEN, the statement ington [Mr. ScHWELLENBACH] is absent from the Senate be­ was ordered to be printed as a document, ·with illustrations. cause of illness in his family. BILLS AND JOINT RESOLUTIONS INTRODUCED The Senator from Rhode Island [Mr. GREEN] is unavoid­ ably detained. Bills and joint resolutions were introduced, read the first time, and, by unanimous consent, the second time, and The Senator from Alabama [Mr. BANKHEAD], the Senator referred as follows: from Ohio [Mr. DoNAHEY], the Senator from Virginia [Mr. GLAss], the Senator from West Virginia [+'Ar. HoLT], the Sen­ <Mr. BRIDGES introduced Senate bill 4038, which was re­ ferred to the Committee on Immigration, and appears under ator from New York [Mr. MEAD], the Senator from Mis­ a separate heading.) souri [Mr. TRUMAN], and the Senator from Montana [Mr. WHEELER] are necessarily absent. By Mr. HAYDEN (for himself, Mr. AsHURST, Mr. JOHN­ Mr. McNARY. I announce that the Senator from Massa­ SON of California, Mr. DOWNEY, Mr. ADAMS, Mr. chusetts [Mr. LoDGE] is engaged in the war maneuvers at JoHNSON of Colorado, Mr.
Recommended publications
  • Address of Robert H. Jackson, Attorney General of the United
    FOR RELEASE ON DELIVERY ADDRESS of ROBERT H. JACKSON, Attorney General of the United States before the FEDERAL-srrNrE CONFERENCE ON LAW ENFORCll1JLENT PROBLEMS OF NATIONAL DE]1cr~E Great Hall Department of Justice Washington, D. C. Monday, August 5, 1940 It is with great satisfaction that I welcome you on behalf of the De~artment of Justice for a discussion of the problems of federal and state law enforcement. It is evidence of a splendid, spirit of coopera­ tion that prompts you to call this conference, and to attend it in the full heat of a Washington SQ~er. It is obvious from the broad character of the subjects under discussion, that we cannot in the space of two days reach solutions to the problems which face us. But I trust that this meeting will result in the establishment of some machinery for the interchange of ideas and the general coordination of efforts in the future. The country is looking to all of us as responsible public officials to handle the problems of federal and state law enforcement in connection with the national defense in an efficient and orderly manner. It looks to the state and federal governments to work together in cooperation, and while it is impossible to eliminate reasonable disagreements of matters of detail, the grave responsibility which we share makes it certain that we will at least approach our problems in a spirit of mutual confidence. On behalf of the Department ai' Justice in extending a welcome which is most hearty, I can perhaps advance the cause of the conference by roughly outlining the problem as I see it.
    [Show full text]
  • The German-American Bund: Fifth Column Or
    -41 THE GERMAN-AMERICAN BUND: FIFTH COLUMN OR DEUTSCHTUM? THESIS Presented to the Graduate Council of the North Texas State University in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By James E. Geels, B. A. Denton, Texas August, 1975 Geels, James E., The German-American Bund: Fifth Column or Deutschtum? Master of Arts (History), August, 1975, 183 pp., bibliography, 140 titles. Although the German-American Bund received extensive press coverage during its existence and monographs of American politics in the 1930's refer to the Bund's activities, there has been no thorough examination of the charge that the Bund was a fifth column organization responsible to German authorities. This six-chapter study traces the Bund's history with an emphasis on determining the motivation of Bundists and the nature of the relationship between the Bund and the Third Reich. The conclusions are twofold. First, the Third Reich repeatedly discouraged the Bundists and attempted to dissociate itself from the Bund. Second, the Bund's commitment to Deutschtum through its endeavors to assist the German nation and the Third Reich contributed to American hatred of National Socialism. TABLE OF CONTENTS Chapter Page I. INTRODUCTION... ....... 1 II. DEUTSCHTUM.. ......... 14 III. ORIGIN AND IMAGE OF THE GERMAN- ... .50 AMERICAN BUND............ IV. RELATIONSHIP BETWEEN THE BUND AND THE THIRD REICH....... 82 V. INVESTIGATION OF THE BUND. 121 VI. CONCLUSION.. ......... 161 APPENDIX....... .............. ..... 170 BIBLIOGRAPHY......... ...........
    [Show full text]
  • The Case of a Latent Blowback for the European Union
    SANCTIONING IRAN: THE CASE OF A LATENT BLOWBACK FOR THE EUROPEAN UNION When actors in international affairs use sanctions as a tool in their foreign policy, they have to be prepared to respond to potential blowbacks. This raises a question about the nature of these responses. Yet, the literature is scarce when it comes to latent and not explicit blowbacks. Scholars have so far written about explicit sanctions blowbacks (e.g. Drezner 2015; Feaver and Lorber 2010), which can be defined as another way of saying that the sanctions sending nation reaps what it sows (Johnson 2004). As a concept, a blowback is most easily grasped in its straightforward manifestations – strategic (e.g. kinetic retaliation) or economic (e.g. loss of market shares). However, we argue there are also latent sanctions blowbacks, which are subtle and sometimes hidden, but not less important, since they influence norms, rights, rules, and procedures. Our research explains why the latent blowback occurs. Our case study not only provides an example of this notion, but it also points out to the lack of theory for dealing with this issue. Therefore, we adapt two different theories in explaining the causes of a response to such a phenomenon. We are aware that our inquiry is an ‘n=1’ study, where we use process tracing method (George and Bennet 2005). Thus, it would be unwise to generalize our findings. Still, the study has important benefits to the literature. Firstly, it has opened and pointed to a un(der)researched field. Secondly, it has revealed a very interesting case study, which other inquiries in International Relations, and other sciences – International Law, may benefit from.
    [Show full text]
  • When the Fourth Estate Becomes a Fifth Column: the Effect of Media Freedom and Social Intolerance on Civil Conflict
    HIJXXX10.1177/1940161216632362The International Journal of Press/PoliticsHutchison et al. 632362research-article2016 Article The International Journal of Press/Politics 2016, Vol. 21(2) 165 –187 When the Fourth Estate © The Author(s) 2016 Reprints and permissions: Becomes a Fifth Column: sagepub.com/journalsPermissions.nav DOI: 10.1177/1940161216632362 The Effect of Media Freedom ijpp.sagepub.com and Social Intolerance on Civil Conflict Marc L. Hutchison1, Salvatore Schiano2, and Jenifer Whitten-Woodring2 Abstract Media freedom is typically viewed as crucial to democracy and development. The idea is that independent news media will facilitate free and fair elections and shine a spotlight on corruption—thereby serving as a fourth estate. Yet political leaders often justify restricting media freedom on the grounds that irresponsible news coverage will incite political violence—potentially undermining government and in effect acting as a fifth column. So is media freedom a force for democracy or a source of civil conflict? We hypothesize that the effect of media freedom on civil conflict is conditioned by a country’s level of intolerance. Specifically, we predict when social intolerance is low, media freedom will discourage domestic conflict because the tone of the news coverage will reflect the level of tolerance and ameliorate any inflammatory coverage. In contrast, we predict that high levels of social intolerance will fuel and be fueled by inflammatory news coverage if the media are free, thereby promoting civil conflict. We test our hypotheses across countries and over time drawing from World Values and European Values Surveys and the Global Media Freedom Dataset and find that the combination of media freedom and high social intolerance is associated with increased civil conflict.
    [Show full text]
  • Constructions and Instrumentalization of the Past: a Comparative Study on Memory Management in the Region
    CBEES State of the Region Report 2020 Constructions and Instrumentalization of the Past A Comparative Study on Memory Management in the Region Published with support from the Foundation for Baltic and East European Studies (Östersjstiftelsen) Constructions and Instrumentalization of the Past A Comparative Study on Memory Management in the Region December 2020 Publisher Centre for Baltic and East European Studies, CBEES, Sdertrn University © CBEES, Sdertrn University and the authors Editor Ninna Mrner Editorial Board Joakim Ekman, Florence Frhlig, David Gaunt, Tora Lane, Per Anders Rudling, Irina Sandomirskaja Layout Lena Fredriksson, Serpentin Media Proofreading Bridget Schaefer, Semantix Print Elanders Sverige AB ISBN 978-91-85139-12-5 4 Contents 7 Preface. A New Annual CBEES Publication, Ulla Manns and Joakim Ekman 9 Introduction. Constructions and Instrumentalization of the Past, David Gaunt and Tora Lane 15 Background. Eastern and Central Europe as a Region of Memory. Some Common Traits, Barbara Trnquist-Plewa ESSAYS 23 Victimhood and Building Identities on Past Suffering, Florence Frhlig 29 Image, Afterimage, Counter-Image: Communist Visuality without Communism, Irina Sandomirskaja 37 The Toxic Memory Politics in the Post-Soviet Caucasus, Thomas de Waal 45 The Flag Revolution. Understanding the Political Symbols of Belarus, Andrej Kotljarchuk 55 Institutes of Trauma Re-production in a Borderland: Poland, Ukraine, and Lithuania, Per Anders Rudling COUNTRY BY COUNTRY 69 Germany. The Multi-Level Governance of Memory as a Policy Field, Jenny Wstenberg 80 Lithuania. Fractured and Contested Memory Regimes, Violeta Davoliūtė 87 Belarus. The Politics of Memory in Belarus: Narratives and Institutions, Aliaksei Lastouski 94 Ukraine. Memory Nodes Loaded with Potential to Mobilize People, Yuliya Yurchuk 106 Czech Republic.
    [Show full text]
  • FINAL REPORT International Commission on the Holocaust In
    FINAL REPORT of the International Commission on the Holocaust in Romania Presented to Romanian President Ion Iliescu November 11, 2004 Bucharest, Romania NOTE: The English text of this Report is currently in preparation for publication. © International Commission on the Holocaust in Romania. All rights reserved. DISTORTION, NEGATIONISM, AND MINIMALIZATION OF THE HOLOCAUST IN POSTWAR ROMANIA Introduction This chapter reviews and analyzes the different forms of Holocaust distortion, denial, and minimalization in post-World War II Romania. It must be emphasized from the start that the analysis is based on the United States Holocaust Memorial Museum’s definition of the Holocaust, which Commission members accepted as authoritative soon after the Commission was established. This definition1 does not leave room for doubt about the state-organized participation of Romania in the genocide against the Jews, since during the Second World War, Romania was among those allies and a collaborators of Nazi Germany that had a systematic plan for the persecution and annihilation of the Jewish population living on territories under their unmitigated control. In Romania’s specific case, an additional “target-population” subjected to or destined for genocide was the Romany minority. This chapter will employ an adequate conceptualization, using both updated recent studies on the Holocaust in general and new interpretations concerning this genocide in particular. Insofar as the employed conceptualization is concerned, two terminological clarifications are in order. First, “distortion” refers to attempts to use historical research on the dimensions and significance of the Holocaust either to diminish its significance or to serve political and propagandistic purposes. Although its use is not strictly confined to the Communist era, the term “distortion” is generally employed in reference to that period, during which historical research was completely subjected to controls by the Communist Party’s political censorship.
    [Show full text]
  • SHOULD PALESTINIAN CITIZENS of ISRAEL BOYCOTT the ELECTIONS?: an AL-SHABAKA DEBATE by Nijmeh Ali and Yara Hawari
    Al-Shabaka Roundtable Al-Shabaka September 2019 SHOULD PALESTINIAN CITIZENS OF ISRAEL BOYCOTT THE ELECTIONS?: AN AL-SHABAKA DEBATE By Nijmeh Ali and Yara Hawari Overview ensure that suitable political ground is created, as the act of rejection without constructing a solid alternative Palestinian citizens of Israel earlier this year organized establishes a political passivity that is dangerous for a a campaign to boycott the April Knesset elections. colonized, occupied, and oppressed people. Under the banner of the “Popular Campaign for the [email protected] Boycott of the Zionist Elections,” the campaign called For instance, boycotting the elections could result in on Palestinians to refuse participation in the Israeli the dwindling of the Arab parties, which would lead to general elections so as not to recognize the Knesset as a a leadership vacuum. Despite criticism and frustrations, legitimate entity. parties still operate as the main organizing mechanism for political, social, civil, and national issues. Weakened As a result – and also due to disillusionment with parties would likely lead to the strengthening of the Arab Joint List, which had split from four united familial and sectarian communities and their political parties into two competing pairings – Palestinian voter organizing mechanisms, such as the hamula (clan) and turnout dropped below 50 percent. (Such turnout had mukhtars (elders). These mechanisms have historically been, for instance, 63 percent in 2015). In the run-up been vulnerable to co-optation by the Israeli regime to the September 17 elections, the Joint List has again and encourage fragmentation. fused, with the hope for a larger Palestinian turnout.
    [Show full text]
  • The Role of Women Within the Fifth Column in Madrid During the Spanish Civil War (1936-39)
    THE ROLE OF WOMEN WITHIN THE FIFTH COLUMN IN MADRID DURING THE SPANISH CIVIL WAR (1936-39) DISSERTATION SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN MODERN BRITISH AND EUROPEAN HISTORY ANGELA FLYNN APRIL 2018 CANDIDATE NO: 993346 WORD COUNT: APPROX. 100,000 WORDS EXCLUDING ABSTRACTS, CONTENT AND BIBLIOGRAPHY Abstract 1 The thesis constitutes an original contribution to the gender historiography of the Spanish Civil War (1936-9). It eXamines the vital and invisible role played by anti-Republican women within Madrid’s ‘fifth column’ during the conflict. While a significant amount has been written on Republican women’s roles in the war effort, much less has been written on Nationalist women and in particular those who lived in the Republican held zones. The work explores how and why a sector of Catholic women chose to mobilise against the legally constituted Popular Front government in support of an undemocratic military coup. It re- evaluates the significance of women in the Nationalist war effort. Although anti-Republican women were the resisters of the first hour in the capital, they have been overlooked in the historical record. Between 1936 and 1939 a significant sector of anti-Republican women chose to mobilise against the Republican regime. These women helped to create a subversive and clandestine national Catholic space in the heart of Republican Madrid. They exercised forms of micro-power and influence within the Republican social, political and disciplinary space. The thesis demonstrates how fifth column women were more effective at mobilisation and recruitment than their male counterparts and how a they occupied key liaison and leadership roles within AuXilio Azul, the Clandestine Falange groups and within dozens of autonomous groups.
    [Show full text]
  • AJC's Glossary of Antisemitic Terms, Phrases, Conspiracies, Cartoons, Themes, and Memes
    American Jewish Committee AJC's glossary of antisemitic terms, phrases, conspiracies, cartoons, themes, and memes. American Jewish Committee | The Translate Hate Glossary | November 2019 1 Table of Contents Introduction 3 I Illuminati 10 B blood libel 4 J Jew down 10 “Jewish features” 10 C Jewish figures 11 clannish 4 conspiracy theory 5 control 5 K Khazars 11 cowardice 6 kosher tax 12 creatures 6 N D New World Order 13 dual loyalty 6 P E Protocols of the Elders of Zion 13 (((echo))) 7 S G scapegoat 14 globalist 8 silencing 14 “The Goyim Know” 8 smirking merchant 15 greed 9 Z H Zionist 15 Holocaust denial 9 How to Report Hate 16 Conclusion 16 2 The Translate Hate Glossary Antisemitism is the hatred of Jews. But it manifests itself in so many ways. It includes medieval blood libel claims rooted in Christianity and twentieth century conspiracy theories about Jewish control of the world economy. It encompasses Holocaust denial and distortion and virulent anti-Israel animus. It can exist in places where Jews are prominent and visible and in places where Jews themselves are entirely absent. It may be present in physical encounters at work or on the street or in the virtual world of the internet and social media. But in order to combat antisemitism we must first understand it. And that means we must define it in all its forms and expressions, in ways both painfully evident and obscure. This glossary offers a comprehensive list of terms and expressions that will help you recognize antisemitism when you see it.
    [Show full text]
  • SPECIAL LECTURE National Security and the Loaded Weapon
    SPECIAL LECTURE National Security and the Loaded Weapon Ben Wizner* TABLE OF CONTENTS I. MYTH #1: WE LIVE IN UNIQUELY DANGEROUS TIMES .............. 371 II. MYTH #2: SECURITY IS OUR PARAMOUNT NATIONAL INTEREST .................................................................................. 375 III. MYTH #3: WE SHOULD DEFER TO THE EXPERTISE OF NATIONAL SECURITY OFFICIALS ............................................... 376 IV. MYTH #4: NATIONAL SECURITY OFFICIALS WHO BREAK THE LAW DO SO IN GOOD FAITH; ADVOCATES WHO SEEK TO HOLD THEM ACCOUNTABLE DO SO IN BAD FAITH .................... 378 CONCLUSION....................................................................................... 380 I’m delighted to have been invited to participate in this symposium on “Future-Proofing Law.” My talk today — which is perhaps more of a polemic than the scholarly contributions you’ve been enjoying all morning — could be said to represent the antithesis of the conference’s “future-proofing” theme. Its title, of course, is a nod to Justice Jackson’s landmark * Copyright © 2017 Ben Wizner. Director, ACLU Speech, Privacy, and Technology Project. 369 370 University of California, Davis [Vol. 51:369 dissent in the Korematsu case, in which the Court’s majority upheld the exclusion of Japanese-Americans from designated areas on the west coast. Jackson wrote: Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself. A military order, however unconstitutional, is not apt to last longer than the military emergency. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens.
    [Show full text]
  • Misunderstanding Tradeoffs in the War on Terror Author(S): Stephen Holmes Reviewed Work(S): Source: California Law Review, Vol
    California Law Review, Inc. In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror Author(s): Stephen Holmes Reviewed work(s): Source: California Law Review, Vol. 97, No. 2 (April 2009), pp. 301-355 Published by: California Law Review, Inc. Stable URL: http://www.jstor.org/stable/20677881 . Accessed: 04/01/2013 15:02 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. California Law Review, Inc. is collaborating with JSTOR to digitize, preserve and extend access to California Law Review. http://www.jstor.org This content downloaded on Fri, 4 Jan 2013 15:02:59 PM All use subject to JSTOR Terms and Conditions California Law Review Vol. 2 97_April 2009_No. Copyright ? 2009 by California Law Review, Inc. In Case of Emergency: Misunderstanding Tradeoffs in theWar on Terror StephenHolmes| "It's extremely hard to wage war with so many undefined rules and roles."1 Several years ago, my daughter (now fully recovered) lay in a coma after a serious fall. At a crucial moment, two nurses rushed into her hospital room to prepare for a transfusion. One clutched a plastic pouch of blood and the other held aloft my daughter's medical chart.
    [Show full text]
  • The Scientific Temper: an Anthology of Stories on Matters of Science By
    Internment -The Beginning . Title 17 Before the outbreak of W.W.11 the fear of a Fifth Column had caused considerable concern in Britain. During the Spanish Civil War, 1936-1939, General Franco ad- vanced .with four columns of soldiery on Madrid, and often boasted of his ‘Fifth Column’ inside the Capital, which spread false rumours and misinformation ,from their positions of authority, thus reducing the will of the population to resist the at- tacker. The many German-Jewish refugees, who had been allowed to come to Eng- land sinceOHitler’s access to power in 1933, could, in the minds of military intelli- gence, constitute a perfect Fifth Column, if an Invasion of England was’ to take place. *; To avoid a repetition of the senseless internment of thousands of Germans living in England before the 1914 War, it had been decided in 1939 by tlie British Cabinet to set up Tribunals under Magistrates to screen and sort out all refugees according to three categories. “A” category were the most suspicious and were interned im- mediately, “B”. category were doubtful and had to register and report regularly to the Police, and “C” were innocent. I was “C” and these Tribunals were universally considered as an enlightened and highly sensible solution of the ‘Fifth Column’ problem. But this attitude only lasted until the spring of 1940, when the war situa- tion became serious, British troops had to be evacuated from France and an inva- sion by German’Armies became a dangerous probability. It was discovered after the end of the War, that indeed elaborate plans had been made by German generals to attempt such an enterprise.
    [Show full text]