Felix Frankfurter

“ It is not for us to question a belief by the President that enemy aliens who were justifiably deemed fit subjects for internment during active hostilities do not lose their potency for mischief during the period of confusion and conflict which is characteristic of a state of war even when the guns are silent but the peace of Peace has not come. [15] These are matters of political judgment for which judges have neither technical competence nor official responsibility.
This brings us to the final question. Is the statute valid as we have construed it? ”

“ But when the life of a statute is defined by the existence of a war, Congress leaves the determination of when a war is concluded to the usual political agencies of the Government.↑ Cf., e.g., the President's address to Congress on March 17, 1948, recommending the enactment of the European recovery program, universal military training, and the temporary reenactment of selective service legislation. ”

“ The Court would be assuming the functions of the political agencies of the Government to yield to the suggestion that the unconditional surrender of Germany and the disintegration of the Nazi Reich have left Germany without a government capable of negotiating a treaty of peace. ”

“ The political branch of the Government has not brought the war with Germany to and end. On the contrary, it has proclaimed that 'a state of war still exists.' Presidential Proclamation 2714, 34 U.S.C.A. § 366, 12 Fed.Reg. ”

“ No. 143, 66th Cong., 1st Sess., 2.↑ Of course, there are statutes which have r ovisions fixing the date of the expiration of the war powers they confer upon the Executive. See, e.g., Hamilton v. Kentucky Distilleries & Warehouse Co., 251 U.S. 146, 167, note 1, 40 S.Ct. 106, 112, 64 L.Ed. 194 (collection of statutes providing that the authority terminates upon ratification of treaty of peace or by Presidential proclamation) . Congress can, of course, provide either by a day certain or a defined event for the expiration of a statute. ”