Assume that the US Congress passed a bill that says all US citizens and/or resid
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Assume that the US Congress passed a bill that says all US citizens and/or residents not born in the USA must return to their country of birth within one month. Further assume that the president pledges to sign the bill into law and says he will have the armed forces enforce compliance. Finally assume that the law is written during peacetime and no present threat exists.
In the United States, all courts have the power to review decisions of other branches and determine their constitutionality, and the “final” power of review rests with the nine appointed justices of the Supreme Court.
Remember to consider the Strict scrutiny standard and previous case law (Korematsu), state why this law is or is not unconstitutional. You can find the standard in the PDF for slideshow #3.
So if Arnold Schwarzenegger, a non-US born citizen, wants to fight the order to leave how will you argue for or against his position? Based on a 1944 case Korematsu v. United States what will be his best argument for asking the court to declare the law unconstitutional? Be sure to begin your answer with what is wrong and/or right about the law. Read about the dissent (Links to an external site.) here.
Read the 14th Amendment (Links to an external site.). You should read at least the summary of the Korematsu case here (Links to an external site.). You may read the full case (Links to an external site.) here.
Don’t panic, just give the first two ideas that you think will be best to use in this situation.