Student Response
The Bill of Rights states that one can not be imprisoned without due process of law. That one is not guilty without a trial, that one has the right to an attorney, that one is protected from unreasonable search and seizure. The Japanese Americans had no individual trials, and even when one man brought his case all the way to the Supreme Court in Karamatsu v. The United States, the act of imprisoning Japanese Americans was ruled constitutional in a time of crisis. They were stripped of their rights of life, liberty, and the pursuit of happiness. Their families were separated, houses taken, their lives were forever changed.
In the United States, this wouldn't be the first time that an individuals rights were limited during a crisis. In fact it's one of few situations in which that happens.
Back in WW1, one Mr Shenk's freedom of speech was limited due to the ensuing war. He was attempting to persuade people to dodge the draft. In doing so it was ruled that he was creating a clear and present danger and a threat to the national security of the country.
The more recent Patriot Act is a better example of the federal gov. going too far. This allowed suspected terrorists to be imprisoned, and even tortured without trial.
I believe it is a fundamental right regardless of outside circumstance that one is innocent until proven guilty beyond a reasonable doubt.
Score
Score Point 4
Annotation
This response, which completely integrates knowledge (The Bill of Rights states . . . ) to thoroughly answer the question, demonstrates a comprehensive understanding of constitutional protections that apply specifically to the stimulus (not guilty without a trial, that one has the right to an attorney, that one is protected from unreasonable search and seizure) and the government's role (it was ruled that he was creating clear and present danger and a threat to the national security) in the restriction of rights (families were separated, houses taken; suspected terrorists to be imprisoned, and even tortured without trial). The response reveals insight in connecting the US actions during World War II to those of the 9/11 attacks (better example of the federal gov. going too far) and other circumstances (fundamental right regardless of outside circumstance).
