Inferences of loyalty from ethnic background
jbaer at POLITICS.TAMU.EDU
Fri Sep 14 13:51:19 PDT 2001
Of course they're rational--though in specific cases often wrong. You can
infer in 1942 that Americans of Japanese descent are more likely than other
Americans to be loyal to Japan. But you can't make that inference about
individuals without being wrong a number of times. Even if you could,
infringements of constitutional rights have to have more than a rational
basis. That's what black said in Korematsu, though it's not what he did.
Is a group of con law professors really having this discussion?
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