Shinzo Abe’s Biggest Failure Is His Greatest Legacy: Preservation of Japan’s Anti-Military Constitutional Provision

MICHAEL C. DORF

In response to the news that Japan’s Prime Minister Shinzo Abe resigned due to health reasons, Cornell law professor Michael C. Dorf comments on Abe’s efforts to amend Article 9 of Japan’s Constitution, which was imposed on the country by Supreme Allied Commander Douglas MacArthur after World War II. Dorf describes one bad reason and two good reasons that have been offered for a change in Article 9, but he argues that the case for retaining Article 9 is stronger.

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State v. Arevalo

Docket: CR-19-0156-PR

Opinion Date: September 1, 2020

Judge: Lopez

Areas of Law: Criminal Law

The Supreme Court held that Ariz. Rev. Stat. 13-1202(B)(2), which enhances the sentence for threatening or intimidating if the defendant is a criminal street gang member, is unconstitutional because it increases the defendant's sentence based solely upon gang status, in violation of substantive due process. Defendant was arrested and charged with two counts of threatening or intimidating, in violation of section 13-1202(B)(2). The trial court dismissed all threatening or intimidating charges, holding that section 13-1202(B)(2) is unconstitutional because it violates due process by punishing a defendant for mere gang membership or association. The Supreme Court affirmed, holding that section 13-1202(B)(2) violates due process because it enhances criminal penalties based solely on gang status without a sufficient nexus between gang membership and the underlying crime of threatening or intimidating.