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When President Franklin D. Roosevelt signed Executive Order 9066 the government became unconstitutional because the Japanese-Americans had nothing to do with the bombing on pearl harbor.hen President Franklin D. Roosevelt signed Executive Order 9066 the government became unconstitutional because the Japanese-Americans had nothing to do with the bombing on pearl harbor.
The Judicial Branch can declare a Presidential Order (called an Executive Order) unconstitutional. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf.