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Before going into battle, Roman generals would donate a goat to their favorite god and ask their neighborhood temple priest to interpret a pile of pigeon poop to predict if they would take down the Greeks over on the next island. Americans in the nineteenth century had fortune tellers read their hands read and phrenologists check out the bumps on their heads. Statistics came along by the late 1800s, then “scientific polls” which did something similar.
Seventy years ago today, in Korematsu v. United States, the Supreme Court upheld the constitutionality of the Japanese-American internment program authorized by President Franklin Roosevelt’s Executive Order 9066. The Korematsu decision and the internment program that forcibly removed over 100,000 people of Japanese ancestry from their homes during World War II are often cited as ugly reminders of the dangers associated with wartime hysteria, racism, fear-mongering, xenophobia, an imperial president, and judicial dereliction of duty. But the events surrounding Korematsu are also a harrowing reminder of what happens to liberty when the “Madisonian machine” breaks down — that is, when the structural checks and balances built into our system of government fail and give way to the worst forms of tyranny.
Our 18th century system of separated and fragmented government — what Gordon Silverstein calls the “Madisonian machine” — was engineered to prevent tyranny, or rather tyrannies. Madison’s Federalist 51 outlines a prescription for avoiding “Big T Tyranny” — the concentration of power in any one branch of government. This would be accomplished by dividing and separating powers among the three branches of government and between the federal government and the states. “Ambition must be made to counteract ambition,” Madison wrote. Each branch would jealously protect its own powers while guarding against encroachments by the others.
But this wasn’t the only form of tyranny the framers worried about. In a democracy, minorities are always at risk of being oppressed by majorities — what I call “little t tyranny.” Madison’s solution to this kind of tyranny is articulated in Federalist 10. The cure to this disease was firstly to elect representatives who could filter the passions of the masses and make more enlightened decisions. Secondly, Madison observed that as long as the citizenry is sufficiently divided and carved up into numerous smaller “factions,” it would be unlikely that a unified majority would emerge to oppress a minority faction.
Official notice of exclusion and removal. By Department of the Interior, War Relocation Authority. Public domain via Wikimedia Commons.
In the events leading up to and including the Supreme Court’s decision in Korematsu, these safeguards built into the Madisonian machine broke down, giving way to both forms of T/tyranny. Congress not only acquiesced to President Roosevelt’s executive order, it responded with alacrity to support it. After just one hour of floor debate and virtually no dissent, Congress passed Public Law 503, which promulgated the order and assigned criminal penalties for violating it. And the branch furthest removed from the whims and passions of the majority, the Supreme Court, declined to second-guess the wisdom of the elected branches. As Justice Hugo Black wrote for the majority in Korematsu, “we cannot reject as unfounded the judgment of the military authorities and of Congress…” If Congress had been more skeptical, perhaps the Supreme Court might have been, too. But the Supreme Court has a long track record of deference to the executive when Congress gives express consent for his actions – especially in times of war. Unfortunately, under the Madisonian design, this is exactly when the Supreme Court ought to be the most skeptical of executive power.
To be sure, these checks and balances built into the Madisonian system were only meant to function as “auxiliary precautions.” The most important safeguard against T/tyranny would be the people themselves. Through a campaign of misinformation and fear-mongering, however, this protection was also rendered ineffective. Public opinion data was used selectively to convey the impression to both legislators and west coast citizens that the majority of Americans supported the internment program. The passions of the public were further manipulated by the media and west coast newspaper headlines such as “Japanese Here Sent Vital Data to Tokyo,” “Lincoln Would Intern Japs,” and “Danger in Delaying Jap Removal Cited.” Any dissent or would-be countervailing “factions,” to use Madison’s phrase, were effectively silenced.
In Korematsu, ambition did not counteract ambition as Madison had intended, and the machine broke down. That’s because in order to function properly, the Madisonian machine requires access to information and time for genuine deliberation. It also requires friction. It requires people to disagree – for our elected representatives to disagree with one another, for the Supreme Court to police the elected branches, for citizens to pause, faction off, and check one another. So we can complain of gridlock in government, but let’s not forget that the alternative, as demonstrated by the unforgivable and tragic events of Korematsu, exposes the most vulnerable among us to the worst forms of tyranny.
Featured image credit: A young evacuee of Japanese ancestry waits with the family baggage before leaving by bus for an assembly center. US National Archives and Records Administration. Public domain via Wikimedia Commons.
He was a spectral figure in the Franklin Roosevelt administration. Slightly sinister. A ramshackle character, but boyishly attractive. Gaunt, pauper-thin. Full of nervous energy, fueled by caffeine and Lucky Strikes.
Hopkins was an experienced social worker, an in-your-face New Deal reformer. Yet he sought the company of the rich and well born. He was a gambler, a bettor on horses, cards, and the time of day. Between his second and third marriages he dated glamorous women — movie stars, actresses and fashionistas.
It was said that he had a mind like a razor, a tongue like a skinning knife. A New Yorker profile described him as a purveyor of wit and anecdote. He loved to tell the story of the time President Roosevelt wheeled himself into Winston Churchill’s bedroom unannounced. It was when the prime minister was staying at the White House. Churchill had just emerged from his afternoon bath, stark naked and gleaming pink. The president apologized and started to withdraw. “Think nothing of it,” Churchill said. “The Prime Minister has nothing to hide from the President of the United States.” Whether true or not, Hopkins dined out on this story for years.
On the evening of 10 May 1940 — a year and a half before the United States entered the Second World War — Roosevelt and Hopkins had just finished dinner. They were in the Oval Study on the second floor of the White House. As usual, they were gossiping and enjoying each other’s jokes and stories. Hopkins was forty-nine; the president was fifty-seven. They had known one another for a decade; Hopkins had run several of Roosevelt’s New Deal agencies that put millions of Americans to work on public works and infrastructure projects. Franklin and Eleanor Roosevelt had consoled Harry following the death of his second wife, Barbara, in 1937. The first lady was the surrogate mother of Hopkins’s daughter, Diana, age seven. Hopkins had become part of the Roosevelt family. He was Roosevelt’s closest advisor and friend.
The president sensed that Harry was not feeling well. He knew that Hopkins had had more than half of his stomach removed due to cancer and was suffering from malnutrition and weakeness in his legs. Roosevelt insisted that his friend spend the night.
In Chicago with daughter Diana, age seven. From left to right behind them: John Hertz, founder of the Hertz car rental empire, thoroughbred race horse owner and a close friend of Hopkins; David, Hopkins’ twenty-eight-year-old son; and Edwin Daley
Under the fourteen-inch guns of the British battleship Prince of Wales
In August 1941, Churchill, Hopkins and British officers discuss the forthcoming meetings with President Roosevelt off the coast of Newfoundland in what became known as the Atlantic Conference.
After visiting American troops in Rabat, Hopkins, General Mark Clark (second from left), Roosevelt, and General George Patton (right) discuss the North Africa campaign during a lunch in the field.
In the roomy cabin of his Boeing Clipper with Admiral Leahy (left), Hopkins and Captain Howard Cone, the Clipper commander (right). They were on the final leg of their return from the Casablanca conference.
At the Tehran conference outside the Soviet embassy
December 1943, left to right: General George Marshall shaking hands with British Ambassador to the Soviet Union, Archibald Clark Kerr, Hopkins, V. N. Pavlov (Stalin’s interpreter), Joseph Stalin and Vyacheslav Molotov (with mustache).
Louise “Louie” Hopkins charmed the Russian officers as she and Harry toured Berlin on their way back from Moscow in June 1945.
Hopkins was the man who came to dinner and never left. For most of the next three-and-one-half years Harry would live in the Lincoln suite a few doors down the hall from the Roosevelts and his daughter would live on the third floor near the Sky Parlor. Without any particular portfolio or title, Hopkins conducted business for the president from a card table and a telephone in his bedroom.
During those years, as the United States was drawn into the maelstrom of the Second World War, Harry Hopkins would devote his life to helping the president prepare for and win the war. He would shortly form a lifelong friendship with Winston Churchill and his wife Clementine. He would even earn a measure of respect and a degree of trust from Joseph Stalin, the brutal dictator of the Soviet Union. He would play a critical role, arguably the critical role, in establishing and preserving America’s alliance with Great Britain and the Soviet Union that won the war.
Harry Hopkins was the pectin and the glue. He understood that victory depended on holding together a three-party coalition: Stalin, Churchill, and Roosevelt. This would be his single-minded focus throughout the war years. Churchill was awed by Hopkins’s ability to focus; he often addressed him as “Lord Root of the Matter.”
Much of Hopkins’s success was due to social savvy, what psychologists call emotional intelligence or practical intelligence. He knew how to read people and situations, and how to use that natural talent to influence decisions and actions. He usually knew when to speak and when to remain silent. Whether it was at a wartime conference, alone with Roosevelt, or a private meeting with Stalin, when Hopkins chose to speak, his words were measured to achieve effect.
At a dinner in London with the leaders of the British press during the Blitz, when Britain stood alone, Hopkins’s words gave the press barons the sense that though America was not yet in the war, she was marching beside them. One of the journalists who was there wrote, “We were happy men all; our confidence and our courage had been stimulated by a contact which Shakespeare, in Henry the V, had a phrase, ‘a little touch of Harry in the night.’”
Hopkins’s touch was not little nor was it light. To Stalin, Hopkins spoke po dushe (according to the soul). Churchill saw Hopkins as a “crumbling lighthouse from which there shown beams that led great fleets to harbour.” To Roosevelt, he gave his life, “asking for nothing except to serve.” They were the “happy few.” And Hopkins had made himself one of them.
David Roll is the author of The Hopkins Touch: Harry Hopkins and the Forging of the Alliance to Defeat Hitler. He is a partner at Steptoe & Johnson LLP and founder of Lex Mundi Pro Bono Foundation, a public interest organization that provides pro bono legal services to social entrepreneurs around the world. He was awarded the Purpose Prize Fellowship by Civic Ventures in 2009.
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Wood, Douglas. 2011. Franklin and Winston: A Christmas That Changed the World. Ill. by Barry Moser. Somerville, MA: Candlewick.
It was the winter of 1941. The valiant battleship HMS Duke of York struggled against the screaming winds and forty-foot waves of a mighty December gale. On board, Winston S. Churchill, prime minister of Great Britain, calmly chomped his ever-present cigar as he strolled the pitching decks. He was going to meet the president of the United States. He was going to spend Christmas at the White House. He would not be stopped by a mere storm. He would not be stopped by a hurricane.
The focus of Wood's book is this single visit by Churchill to the White House following the early December attack on Pearl Harbor. Although some background and biographical information is included to set the scene for young readers, Franklin and Winston is, in essence, a chronicle of the historic December 1941 visit. Transportation (Churchill was too impatient to travel by land from his arrival point in Chesapeake Bay and was flown to Washington, D.C.), activities (Churchill explored the White House gardens in one-piece overalls), press conferences, dining arrangements and meetings are fully detailed to give the reader a flavor of the era, and an understanding of the relationship between the two men and of their role in world politics.
Most importantly, the reader gains the insight that although these were powerful men deciding a course of action in dire circumstances, they were not larger than life, but full of life. They were friends, and they were very human - with the quirks and frailties one might find in any human being. Roosevelt and Churchill overcame personal obstacles, and with a common cause and a fast friendship, they formed the bonds and the strategy needed to defeat the Axis powers in WWII.
Yet still, while the fate of the world was at stake, the two men took time to celebrate the Christmas holiday, giving heartfelt speeches at the lighting of the National Christmas Tree. The included speeches are excerpted and edited by the author with great care to portray both the gravity of the world's situation and the context in which Roosevelt and Churchill were deciding its fate,
"I spend this anniversary and festival far from my country, far from my family, yet I cannot truthfully say that I feel far from home. . . . We may cast aside, for this night at least, the cares and dangers which beset us, and make for the children and evening of happiness in a world of storm. . . . Let the children have their night of fun and laughter. Let the gifts of Father Christmas delight their play. . . . In God's mercy, a happy Christmas to you all."
Moser's full-page watercolor illustrations face pages of black text on a white background. Moser's paintings are rich in the simpler, more somber colors of the era - dark suits, night skies, a bathroom featuring white tiles, towels and fixtures, simply colored maps, military aircraft. But while the colors and details are evocative of a past time, the faces of Churchill and Roosevelt express life - mirth, joy, and gravity, all within the framework of the timeworn faces of real men, men of a different age who were respected for their actions - discolored teeth, bulbous nose, wrinkles, glasses and all.
Smaller illustrations appear with the text on many pages, and add visual details to the story - a view of the Foundry Methodist Church, the radio on which Roosevelt listene
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David Roll is the author of 
