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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 Midnight Judges Act (also known as the Judiciary Act of 1801; 2 Stat. 89, or the Midnight Appointments) represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century.his statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that part of the Judiciary Act of 1789 unconstitutional because the Constitution did not expressly grant this power to the judiciary.