War expands state power to designate whole classes of people as disloyal

Evidence

Isolating a class of people, oftentimes on account of race, national origin, religion, or a combination of these identities, law scholar Mark Tushnet argues, “is the central issue in thinking about civil liberties in wartime.” Therefore, “otherization” is the process whereby state policy identifies a class of people as disloyal or subversive, threatening or warmongering during time of war. — Khaled A. Beydoun, The New Crusades_ Islamophobia and the…, 1325

Categorization

• DEFINE: Defines ‘otherization’ as state policy labeling a class disloyal or threatening in wartime, the mechanism the whole book traces back through Korematsu.
• XREF: connects to: Partisan state admissions during the Civil War entrenched Republican Senate power for decades. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 303