On the anniversary of the McCarran Internal Security Act of 1950

This week in North Philly Notes, Masumi Izumi, author of The Rise and Fall of America’s Concentration Camp Lawwrites about the McCarran Internal Security Act, which was enacted on September 23, 1950. 

Four years ago in late September, I spoke to a small attentive crowd and many indifferent passersby in a street protest held at one of the busiest intersections in the city of Kyoto. We were protesting the passage of the national security related bills that were steamrolled the day before. The overwhelming majority of constitutional scholars considered that the bills violated the nation’s pacifist constitution because they allowed the government to send its Self Defense Force troops abroad to take part in military actions unrelated to the defense of the territory of Japan. Tens of thousands of citizens gathered in protest in major cities. Thousands surrounded the Diet building every evening. I took part in a rally in Tokyo, joined a couple of demonstrations in Osaka, and walked with my daughter in several marches in Kyoto.

Over many years as a historian, I had interviewed Asian North American grassroots social activists. I wrote papers about political and cultural activism in the postwar Japanese American and Canadian communities. But I was not an activist myself. On that day at the protest rally, I asked the crowd and the passersby: “After the 9/11 attack, the U.S. government passed the Patriot Act and told people that everyone needed to be under surveillance because terrorists might be hiding among them. Then the U.S. government attacked Iraq on an accusation that later turned out to be a lie. Today, the Japanese government is telling us that we are threatened by our neighboring countries, that we need to remilitarize, and that we need to give up our liberties because excessive freedom jeopardizes our nation. But isn’t it our freedom that protects us, because it is our inalienable human rights that hold our government accountable?”

Since the return of a conservative cabinet led by an ultra-nationalistic Liberal Democratic Party prime minister in 2012, I have found myself living under a reactionary regime that imposed a series of repressive legislations. The LDP-Komei Party coalition passed the Specially Designated Secrets Act in 2013, steamrolled the National Security Acts in 2015, and made “conspiracy to commit a crime” a criminal offense in 2017. When the Security Acts passed, it felt as if the protective shield for our land and our people – our pacifist constitution – lost its effect.

Rise and Fall of America's Concentration Camp Law_sm_borderIt was around this time that I restarted my effort to publish the book based on my Ph.D dissertation. In The Rise and Fall of America’s Concentration Camp Law: Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s, I chronicle the passage and repeal of the Emergency Detention Act, or Title II of the McCarran Internal Security Act of 1950 (hereafter Title II). I elucidate how Japanese American wartime mass incarceration provided a legal precedent for this law. Through discourse analyses, I show how Japanese Americans were discursively placed outside the constitutional protection of civil liberties. The analyses requires a revision in historical interpretations of Japanese American incarceration that it was not only important as an example of mass incarceration of a racial minority but it also was a sinister legal precedent for preventive detention of individuals considered potentially dangerous for national security. I do not mean that Japanese Americans posed threat to national security. In reality they did not. But the Executive Order 9066 granted the military a sweeping power to designate any part of the U.S. to be a defense zone from which it could exclude anybody in the name of national security. This expanded the government’s war power, and it led, in the Cold War period, to the authorization of the government to detain any person whom the government considered might engage in acts of espionage or sabotage. The book also depicts how a Japanese American grassroots movement to repeal Title II, or the “concentration camp law,” led Americans to reflect on their nation’s past and present racism and political oppressions in a critical light in the late 1960s.

When I wrote my dissertation, I meant to write about the past in a foreign country. Now, as I see my book come out in print, I am engaged in an actual struggle to halt the governmental efforts to undermine civil liberties and human rights in my country. I am also witnessing intense protests in the United States against immigrant detention, and I see global movements arising against neo-liberal economic policies and calling for actions to stop the climate change. If I had a choice, I would rather be a historian chronicling activisms in the past, because it feels much safer to study what happened in hindsight. I realize how scary it is to be active when we do not know the consequences of our actions or inactions. But perhaps only through our own struggles, we can understand the fears and hopes experienced by the past activists whom we write about.

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