In Fred Korematsu’s brief filed in Hamdi, the Guantanamo detainee case, he argues that the judicial system must protect fundamental liberties, even in wartime. The brief discusses examples from our history where the political system eroded those liberties and urges the court to strike the “right balance.” What mechanism does he urge the Court to adopt in order to achieve that result?

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The Court relies on the executive and legislative branches to carry out its ... View the full answer