1941
United States v. Darby
Yes. The Fair Labor Standards Act was a valid use of the commerce power.
Source: Opinion of the Court
World War II. 1941–1945
Executive Order 9066 leads to the removal and incarceration of Japanese Americans, upheld at the time by the Supreme Court. The Court also rules that schools cannot compel a flag salute.
The questions. As the record frames them.
The constitutional questions this era’s decisions and laws turned on.
- What can the government do to citizens in wartime?
- Can patriotism be compelled?
The record. 7 entries, in order.
Every case, amendment and event in Constilumen dated 1941 to 1945.
1942
Wickard v. Filburn
Yes. Activity that, taken in the aggregate, substantially affects interstate commerce may be regulated.
Source: Opinion of the Court
1942
Executive Order 9066
President Franklin D. Roosevelt authorizes military commanders to exclude people from designated areas. About 120,000 people of Japanese ancestry, most of them American citizens, are removed from the West Coast and incarcerated.
Source: National Archives
1943
West Virginia State Board of Education v. Barnette
No. “If there is any fixed star in our constitutional constellation, it is that no official … can prescribe what shall be orthodox.”
Source: Opinion of the Court
1943
Hirabayashi v. United States
Yes. The Court upheld the curfew as within the war power. His conviction was vacated by a federal appeals court in 1987.
Source: Opinion of the Court
1944
Korematsu v. United States
Yes. The Court upheld the exclusion order. In Trump v. Hawaii (2018) the Court wrote that Korematsu “was gravely wrong the day it was decided.”
Source: Opinion of the Court
1944
Ex parte Endo
No. The War Relocation Authority had no authority to detain a concededly loyal citizen.
Source: Opinion of the Court
The language. What stood out in print.
Tracked terms printed most often in 1941–1945 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.
- isolationism5.5×
- fascism5.2×
- totalitarianism3.9×
- democracy2.5×
- civil liberties1.9×
- free speech1.7×
Executive orders. Presidencies of the era.
Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.
| President | Took office | Orders | Per year |
|---|---|---|---|
| Franklin D. Roosevelt | 1933 | 3,726 | 307 |
| Harry S. Truman | 1945 | 907 | 117 |
Source: The American Presidency Project. All presidencies