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Topic: Ex parte Endo

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Japanese American internment

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	Ex parte Endo
		United States decision, the United States Supreme Court ruled on December 18, 1944 in Ex parte Endo that, regardless of whether the United States Government had the right to exclude people of Japanese ancestry from the West Coast during World War II, they could not continue to detain a citizen established to be loyal.
		That petition was denied by the District Court in July, 1943, and an appeal was prefected to the Circuit Court of Appeals in August, 1943.
		The court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program.
	www.sciencedaily.com /encyclopedia/ex_parte_endo (316 words)

	No. 03-1027: Rumsfeld v. Padilla - Petition
		On the merits, the district court agreed with the government that the settled wartime authority of the Commander in Chief to capture and detain enemy combatants is fully applicable in the circumstances of this case.
		In Ex parte Quirin, 317 U.S. at 1, this Court upheld the military detention and prosecution of a group of German saboteurs who were captured in the United States during World War II before they could carry out plans to destroy domestic war facilities.
		The Endo Court first recognized that "the Constitution when it committed to the Executive and to Congress the exercise of the war power necessarily gave them wide scope for the exercise of judgment and discretion so that war might be waged effectively and successfully." Id. at 298-99.
	www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-1027.pet.aa.html (17555 words)

	Court Challenges > The Camps Experience \| Exploring JAI (Site not responding. Last check: 2007-10-14)
		The Constitutionality of the internment were challenged in the courts as early as 1942 in the cases of Hirabayashi v.
		Her attorney, James Purcell, filed a writ of habeas corpus on her behalf, contending that the War Relocation Authority had not rights to detain a loyal American citizen who was innocent of the various allegations the Army had used to justify the eviction and incarceration.
		On December 18, 1944, the Supreme Court ruled unanimously that Endo "should be given her liberty" and released from custody, since her loyalty was clearly established.
	www.jainternment.org /camps/court.html (851 words)

	Search Results for "what is ex parte"
		...Merryman, ex parte, case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal circuit judge in Baltimore, Md. John Merryman, a citizen of Maryland,...
		This led to Ex parte Garland (1867), a Supreme Court case in which Garland successfully...
		However, the U.S. Supreme Court in ex parte Milligan (1866) ruled that military trial of civilians when the civil courts...
	www.bartleby.com /cgi-bin/texis/webinator/sitesearch/+YwwFq3irwBao5anLapwGBnxzmwwwwmFqMqdc2nhnGnDqnnFqMqdc2nhnGnDqn (293 words)

	PARTE
		"PARTE" is a common misspelling or typo for: pare, parse, part, parted, parts, party, paste, pate, prate.
		vaderlijke linie (ex parte paterna), vaderlijke lijn (ex parte paterna), requestprocedure (ex parte application), op verzoek gegeven beslissing (judgement given ex parte), moederlijke linie (ex parte materna), moederlijke lijn (ex parte materna), beschikking op verzoekschrift (decision in ex parte proceedings).
		procedura su istanza di parte (ex parte application), parentela per parte di padre (ex parte paterna), parentela per parte di madre (ex parte materna), sentenza pronunciata su richiesta di parte (judgement given ex parte), ordinanza pronunciata dietro richiesta (decision in ex parte proceedings).
	www.websters-online-dictionary.org /definition/PARTE (1375 words)

	Right to Travel Case Law
		The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment.
		They are part of the world spectrum; and if we are to know them and understand them, we must mingle with them, as Pope John said.
		The Court noted that the right to travel "is a part of the `liberty' of which the citizen cannot be deprived without due process of law," id., at 125, and stated that it would "construe narrowly all delegated powers that curtail or dilute" that right.
	www.ibike.org /cuba/ofac/law.htm (5428 words)

	Ex parte Endo (1944) (Site not responding. Last check: 2007-10-14)
		In Ex Parte Mitsuye Endo, the Supreme Court decided that Mitsuye Endo, an American citizen of Japanese descent, was being detained in relocation centers unconstitutionally.
		It should be noted at the outset that we do not have here a question such as was presented in Ex parte Milligan or in Ex parte Quirin, where the jurisdiction of military tribunals to try persons according to the law of war was challenged in habeas corpus proceedings.
		The judgment is reversed and the cause is remanded to the District Court for proceedings in conformity with this opinion.
	www.randolphschool.com /academics/departments/history/estes/ABC-Clio-US-hist/extras/internment-docs/ex-parte-endo.html (3445 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		2, or in Ex parte Quirin, 317 U.S., 63 S.Ct. 2, where the jurisdiction of military tribunals to try persons according to the law of war was challenged in habeas corpus proceedings.
		Mitsuye Endo is entitled to an unconditional release by the War Relocation Authority.
		Moreover, the Court holds that Mitsuye Endo is entitled to an unconditional release by the War Relocation Authority.
	laws.findlaw.com /us/323/283.html (6841 words)

	PART 1: IS THE INCOME TAX LEGALLY ENFORCED ??? (Site not responding. Last check: 2007-10-14)
		The citizens are continuously assured by courthouse edifices, by government press releases, and by judges that the rule of law is providing justice and the public's constitutional rights are being protected.
		Ex Parte Endo, 323 US 283, 299 (1944).
		And their refusal to cite such statutes upon innumerable demands in court documents, congressional inquiries, and correspondence to the IRS itself even pursuant to FOIA, can only be seen as a deliberate and willful effort to prevent any law that might impose liability from being exposed to judicial attack.
	www.civil-liberties.com /living/part1.html (5306 words)

	HLS Federalist Society \| Ex Parte - Panel 4: Freedom and Security
		Ex Parte is a group weblog managed by the Harvard Federalist Society, a student organization of
		Ex Parte is written by its student members.
		Goldsmith begins by outlining the simple distinction between enemy combatants, who can expect to have their civil liberties diminished in wartime; and civilian non-combatants, who should not, and traces this distinction to the laws of war and to the WWII Supreme Court decisions.
	exparte.powerblogs.com /posts/1109442647.shtml (2990 words)

	Ex Parte Mitsuye Endo
		2, or in Ex parte Quirin, 317 U. 1, where the jurisdiction of military tribunals to try persons according to the law of war was challenged in habeas corpus proceedings.
		Mitsuye Endo is detained by a civilian agency, the War Relocation Authority, not by the military.
		112; Ex parte Quirin, 317 U. Hence, so far as presently appears, the cause is not moot and the District Court has jurisdiction to act unless the physical presence of appellant in that district is essential.
	history.wisc.edu /archdeacon/404tja/endo.html (5007 words)

	No. 03-1245: Bush v. Gherebi - Petition Appendix
		In this regard, we conclude that, at least for habeas purposes, Guantanamo is a part of the sovereign territory of the United States.
		Sovereignty may be gained by a demonstration of intent to exercise sovereign control on the part of a country that is in possession of the territory in question and that has the power to enforce its will.
		The majority seeks to bolster its conclusion that Guantanamo is part of the sovereign territory of the United States by referring to the 1904 Hay-Bunau- Varilla Treaty ("Panama Canal Treaty"), which authorized construction of the Panama Canal.
	www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-1245.pet.aa.html (16987 words)

	Japanese American internment - Wikipedia, the free encyclopedia
		Japanese people from various parts of Latin America were also interned in conjunction with the United States.
		In Endo, the court accepted a petition for a writ of habeas corpus and ruled that the WRA had no authority to subject a citizen whose loyalty was acknowledged to its procedures.
		Further evidence of the Commanding General's attitude toward individuals of Japanese ancestry is revealed in his voluntary testimony on April 13, 1943, in San Francisco before the House Naval Affairs Subcommittee to Investigate Congested Areas, Part 3, pp.
	en.wikipedia.org /wiki/Japanese_internment (2458 words)

	[No title]
		Failure of a state to provide “equal” educational facilities to some of its citizens, solely because of their race or color, is without more a violation of the Fourteenth Amendment.
		The historical context in which the Fourteenth Amendment became a part of the Constitution should not be forgotten.
		Whatever else the framers sought to achieve, it is clear that the matter of primary concern was the establishment of equality in the enjoyment of basic civil and political rights and the preservation of those rights from discriminatory action on the part of the States based on considerations of race or color.
	www.yale.edu /lawweb/avalon/curiae/html/347-483/022.htm (6669 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		It was declared that "such inmates are not a part of the Army of the United States, but are civilians." Id., at 1012.
		Compare Ex parte Endo, 323 U.S. It is not for courts to question the wisdom of the legislation.
		Kahanamoku, 327 U.S. ; Ex parte Endo, 323 U.S. Congress was granted authority to regulate the armed forces in order to enforce obedience by members of the military establishment to military regulation during their service to the end that order may be ensured.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=search&court=US&case=/us/350/11.html (9455 words)

	IS THE INCOME TAX LEGALLY ENFORCED
		The motion in Part 4 is reworked and expanded for post conviction relief of a willful failure to file conviction.
		Corporations, as creations of the states, receive their existence from government as a privilege, but we are here concerned with sovereign citizens that are exercising a constitutional right.
		The information in Part One can be rephrased into a generic Motion to Dismiss with a memorandum of Points and Authorities.
	www.civil-liberties.com /pages/taxillegallyenforced.htm (17399 words)

	TIMELINE of Asian American History between 1940 and 1949
		Hospitals have been built at all the centers and are manned in large part by doctors, nurses, nurses' aides, and technicians from the evacuee population.
		United States and Ex parte Endo, the first of which approved of the forced eviction of more than 120,000 Japanese Americans from their homes, and the second of which forbade the continued incarceration of loyal American citizens.
		"Part of his legacy is that he challenged the government in a time of war.
	us_asians.tripod.com /timeline-1940.html (9898 words)

	Talk:Ex parte Endo - Wikipedia, the free encyclopedia
		Fleshed out a bit and given some context.
		Surely the appellant's surname "Endo" should be capitalized, and the article should reside at "Ex parte Endo"?
		This page was last modified 05:09, 13 June 2004.
	www.wikipedia.org /wiki/Talk:Ex_parte_Endo (59 words)

	Dictionary of Meaning www.mauspfeil.net
		The unanimous opinion was written by William O. Douglas, with Frank Murphy and Owen Josephus Roberts Owen Roberts concurring.
		User:Me Ningless Me Ningless 05:04, Jun 13, 2004 (UTC) Surely the appellant's surname "Endo" should be capitalized, and the article should reside at "Ex parte Endo"?
		There you find a list of all editors and the possibility to edit the original text of the article Ex parte endo.
	www.mauspfeil.net /Ex_parte_Endo.html (300 words)

	FindLaw: U.S. Constitution: Article I: Annotations pg. 41 of 58
		This view was assumed by all members of the Court in Ex parte Milligan,1529 in which the trial by a military commission of a civilian charged with disloyalty in a part of the country remote from the theater of military operations was held invalid.
		[Footnote 1472] Ex parte Milligan, 71 U.S. (4 Wall.) 2, 123, 138-139 (1866); Ex parte Quirin, 317 U.S. The matter was raised but left unresolved in Middendorf v.
		Booker, 5 M. 1977), rev'd in part on reh., 5 M. [Footnote 1475] The UCMJ guarantees counsel, protection from self- incrimination and double jeopardy, and warnings of rights prior to interrogation, to name a few.
	caselaw.lp.findlaw.com /data/constitution/article01/41.html (8073 words)

	HAMDI V. RUMSFELD
		In like manner this experiment ought only to be tried in case of extreme emergency; and in these the nation parts with it[s] liberty for a while, in order to preserve it for ever.” 1 Blackstone 132.
		No fewer than 10 issues of the Federalist were devoted in whole or part to allaying fears of oppression from the proposed Constitution’s authorization of standing armies in peacetime.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war ….” 317 U.S., at 45.
	supct.law.cornell.edu /supct/html/03-6696.ZD.html (6615 words)

	RUMSFELD V. PADILLA
		On the same Sunday that the President issued his order, the Government notified the District Court in an ex parte proceeding that it was withdrawing its grand jury subpoena, and it asked the court to enter an order vacating the material witness warrant.
		In that proceeding, in which respondent was not represented, the Government informed the court that the President had designated respondent an enemy combatant and had directed the Secretary of Defense, petitioner Donald Rumsfeld, to detain respondent.
		The departure from the time-honored practice of giving one’s adversary fair notice of an intent to present an important motion to the court justifies treating the habeas application as the functional equivalent of one filed two days earlier.
	supct.law.cornell.edu /supct/html/03-1027.ZD.html (2910 words)

	Ex parte Endo (Site not responding. Last check: 2007-10-14)
		That petition was denied by the District Court in July, 1943,and an appeal was prefected to the Circuit Court of Appeals in August, 1943.
		The court also found as part of this decision that if Congress is found to have ratified by appropriation any part of anexecutive agency program, the bill doing so must include a specific item referring to that portion of the program.
		The unanimous opinion was written by William O. Douglas,with Frank Murphy and Owen Roberts concurring.
	www.therfcc.org /ex-parte-endo-221881.html (192 words)

	82.03.01: When Military Necessity Overrides Constitutional Guarantees: The Treatment of Japanese Americans During World ...
		They had come to America in the latter part of the Nineteenth Century to work the mines; to help develop our nation’s railroad system; to be fishermen, farmers and migrant agricultural laborers.
		In this case Miss Endo, interned in one of the Relocation Centers, filed a petition for a writ of habeas corpus, asking that she be released from the Center and her liberty restored.
		Yet they are primarily and necessarily a part of the new and distinct civilization of the United States.
	www.cis.yale.edu /ynhti/curriculum/units/1982/3/82.03.01.x.html (6391 words)

	Comments on 19845 \| MetaFilter
		Parts of it will no doubt be reviewed and tossed aside.
		Terrifying the civilian population--usually by killing lots of them with bombs, napalm etc--is a large part of modern warfare.
		But terrorism is part and parcel of modern conflict, so a 'war on terrorism' is bound to be futile.
	www.metafilter.com /mefi/19845 (4101 words)

	AGO_1965-66_No_055 (Site not responding. Last check: 2007-10-14)
		Not only is race the factor upon which the transfer plans operate, but also the plans lack a provision whereby a student might with equal facility transfer from a segregated to a desegregated school.
		Florida, 379 U.S. 13 L.Ed.2d 222, 85 S.Ct. 283 (1964)), and can only be sustained on the basis of some overriding purpose requiring the prohibition of specified conduct or activity when engaged in by persons of a certain race only.
		United States, 323 U.S. Ex Parte Endo, 323 U.S. 283, 89 L.Ed.
	www.atg.wa.gov /opinions/1965-66/opinion_1965-66_055.html (4292 words)

	Crescat Sententia: June 28, 2004 Archives (Site not responding. Last check: 2007-10-14)
		at 3 (Souter, J. concurring in part, dissenting in part, and concurring in the judgment).
		Trades Council, 485 U. 568, 575 (1988); with the clarity necessary to comport with cases such as Ex parte Endo, 323 U. 283, 300 (1944), and Duncan v.
		Kahanamoku, 327 U. 304, 314—316, 324 (1946); or with the clarity necessary to overcome the statutory prescription that '[n]o citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.'" Slip Op.
	www.crescatsententia.org /archives/2004_06_28.html (2160 words)

	United States Case Law (Site not responding. Last check: 2007-10-14)
		EX PARTE MITSUYE ENDO, 323 U.S. 65 S.Ct. 208 323 U.S. Ex parte MITSUYE ENDO.
		See In re Boles, 8 Cir., 48 F. 75; Ex parte Gouyet, D.C., 175 F. United States v.
		[Footnote 7] The functioning of Relocation Centers is described in the Final Report, supra note 2, Part VI and in Segregation of Loyal and Disloyal Japanese in Relocation Centers, Sen. Doc.
	www2.coloradocollege.edu /Dept/HY/HY110Hochman/cases/Mitsuye.html (6605 words)

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