![]() In fact, Executive Order 9066 authorized the Department of War to exclude people from designated military areas but did not mention detention. ![]() However, neither Executive Order 9066 nor Public Law 503 indicated specific procedures or limitations of military conduct. Congress then granted the Executive “positive assistance of statutory authority” for the order after its issuance via Public Law 503. Internment was conducted by the military, which was delegated the power by Executive Order 9066. Senator Douglas's comments reflect how liberals in 1950 viewed Japanese American internment as a problematic constitutional precedent. In Senator Douglas's view, the problem of the Japanese American internment lay precisely in the broad category of those who were detained:į it is asserted that the Executive may be empowered under the Constitution to institute a detention program anyway, I can only repeat that it is far better to give it explicit authority to act, so that we know what it can do- and enact along with that authority the essential safeguards for individual freedom which are in the due-process provisions of this bill. Senator Douglas criticized the communist registration bill saying that it resembled “the blunderbuss” while the Emergency Detention Act was “more like that of a rifle” that accurately hit those who really threatened national security. He Kilgore bill gives the President and Attorney General the positive assistance of statutory authority for our essential job with procedures clearly understood and to a lesser degree previously employed, in alien enemy internment and war relocation cases. As Senator Douglas introduced the emergency detention bill to Congress, he compared it with both the conservative-backed communist registration bill and security measures taken during World War II: In contrast to the wartime Congress in which there was virtually no opposition to internment, Congress in 1950 underwent heated discussions when Democratic senators introduced the emergency detention bill. The drafters of Title II, therefore, looked into wartime incarceration of enemy aliens as they wrote the Emergency Detention Act, modeling the legislation after Japanese American internment. ![]() While trying to look tough, liberals tried to minimize the encroachment of governmental powers into individual liberties. Liberal politicians designed Title II to provide legal protection of civil liberties when the government resorted to preventive detention of potential subversives during a national security emergency. The Legal Legacy of Japanese American Internment: Invention of Enemy Non-Aliens and a Shift in the Discursive National Border ![]()
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