A total of 25,655 noncitizens living in the United States were interned or deported during the war years because of their ethnicity or nationality, rather than their words or conduct. They included 11,229 Japanese, 10,905 Germans, 3,278 Italians, 52 Hungarians, 25 Romanians, five Bulgarians and 161 other foreign nationals.
The Supreme Court later held, in Johnson v. Eisentrager (1950), that "executive power over enemy aliens, undelayed and unhampered by litigation, has been deemed, throughout our history, essential to wartime security." The high court added: "The resident enemy alien is constitutionally subject to summary arrest, internment and deportation whenever a 'declared war' exists." So the power to intern or deport comes into effect only when war has been declared.
Today, we are under attack not by a nation, but by groups of militant individuals who claim Islam as their faith. Yet for the first time in human history, the destructive power of terrorists can be as great as that of a traditional nation-state that has declared war. We need a mechanism to deal with this change.
During World War II, the country was faced with the prospect of large numbers of people -- again identifiable by ethnicity, not conduct -- who were real or potential enemies.
The logic of the Supreme Court's opinion is applicable to the situation we face today. The court held that people ethnically connected to the war-makers are more likely to support them than are others -- and our country at war has a right to protect itself from this presumed higher risk of danger.
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The court would draw lines and preserve the essence of our freedoms. But the justices were practical men.
They understood that the broadest enforcement of every last theoretical right and privilege might well be purchased at the price of losing our most basic right: the right to effectively defend ourselves.
Who's "ourselves," Tony?