The Specter of Korematsu

Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie. We also speak with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is [email protected]. Follow us on Facebook here. Podcast production by Tony Field. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.