Korematsu was born on our soil, of parents born in Japan. The Executive Order allowed United States Military to transport individuals, implying those of Japanese ancestry, to live in designated and restricted areas and issued curfews for the latter group of individuals as a result of wartime prevention and protection. Korematsu was not excluded from the Military Area because of hostility to him or his race. After his arrest, while waiting in jail, he decided to allow the American Civil Liberties Union to represent him and make his case a test case to challenge the constitutionality of the governments order. Fred T. Korematsu was a hero of the civil rights movement in the United States. This agency was responsible for speeding up the relocation process for Japanese relocation. Regardless of which order Korematsu followed, he was still in violation of at least one. Notice that you will give greater weight to Content by multiplying the score for that category by 6. This agency was responsible for speeding up the relocation process for Japanese relocation. To cast this case into outlines of racial prejudice, without reference to the real military dangers which were presented, merely confuses the issue. Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. Copyright 2023 IPL.org All rights reserved. Even if all of ones antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him, for it provides that no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attained. . Was the Executive Order unconstitutional or not? He also highlighted the hypocrisy of the Courts rule that such military actions outweigh an individuals rights as these laws are upheld to the strict scrutiny standard. For many years the Japanese had dominated the agriculturally fertile valleys of California, causing much resentment for the local farmers, many going as far as saying the should be deported after the war. About 10 weeks after the U.S. entered World War II, President Franklin D. Roosevelt on February 19, 1942 signed Executive Order 9066. During World War II, when the United States was at war with Japan, the U.S. government feared that Americans of Japanese descent would not be loyal to the United States. Case: Korematsu v. United States, 323 U.S. 214 (1944) Justice Black begins with stating that that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. Justice Black noted that the Courts ruling was controversial because it authorized exclusionary orders towards individuals of Japanese ancestry. The U.S. government cannot be exonerated on account of their actions against Japanese Americans who experienced family dysfunction, racism, and disrupted lives, changing their futures forever. His dissent is full of examples of how Japanese Americans do not hold a threat to the nation. Another reason for Japanese-Internment was that the Japanese as a country had bombed Pearl Harbor. Spring 2016: Athina D. Aguirre,Juan M. Barboza,Devin J. Mack,Taylor L. Turner. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can., Visiting Professor, Georgetown University Law Center and Senior Fellow at the Brennan Center for Justice, Associate Professor, Sandra Day O'Connor College of Law at Arizona State University. 02 May 2016. Frankfurter believed that the Constitution can be interpreted in a way that Congress and the Executive have special powers to protect and defend the nation from imminent danger, such as war. The dissenting opinion raises the fact that Japanese Americans were being deprived of what rights? Korematsu would lie about his ethnicity and background saying he was Mexican American in order to avoid governmental exclusion. Instantiating the law and its dissents in Korematsu v. United States: A dramatistic analysis of judicial discourse. Quarterly Journal of Speech, 87:1, 1-24. Eventually, the case reached the Supreme Court and in a 6-3 vote they sided with the government, because they said that the potential spying and espionage was more important than Korematsus Constitutional rights. Munsons report stated that there was no military necessity for mass incarceration of these people, yet the government ignored and kept the report, First and foremost, the 4th amendment prohibits the unreasonable searching or seizing. . We are happy to assist you in case of any adjustments needed. Justice Frank Murphy wrote a dissenting opinion remembered most by historians due to the passionate use of the racism. Justice Jacksons dissenting opinion is regarded by many as one of the most influential opinions of a Supreme Court Justice because he believed Korematsus conviction was unconstitutional based off racial discrimination. They believed that the compulsory exclusion of large groups of citizens would help with the emergency and ensure that no individual was in danger. This order was seen in two ways. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. believing that every American, despite external or internal circumstances, are entitled to their constitutional. When you need to elaborate something further to your writer, we provide that button. 1. Irons, Peter, ed., Justice Delayed: The Record of the Japanese American Internment Cases. The shock generated by the unprovoked attack by the Japanese on Pearl Harbor on December 7, 1941 resulted in many decisions by American government officials that would have enduring consequences. Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. A title page preceeds all your paper content. All our papers are original and written from scratch. He called the exclusion order "the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. In 1983, a federal district court in San Francisco overruled Korematsus conviction. Lower court held: Upheld the trial courts decision. Although this did not justify the reasoning behind the order for many people, it can be seen that there was a reasonable explanation behind it. Fred Korematsu was a native born citizen of the US, but was of Japanese heritage and he was convicted on September 8, 1942 of being in a place where Japanese werent allowed. There was no such cause in the case of the Japanese Americans. case has been studying and criticized by many intellectuals and individuals for the fact that racial discrimination was justified for a crucial time of war. Graded Assignment Korematsu v. the United States (1944) Use the background information and the primary sources in the Graded Assignment: Primary Sources sheet to answer the following questions. It is to say that courts must subject them to the most rigid scrutiny. We uphold the exclusion order as of the time it was made and when the petitioner violated it. Many have lost their jobs since they were closed down following the incarceration. Answer: (2 points) 2. Both cases rested on the principle that deference to Congress and the military authorities, due to the recent events of the Pearl Harbor attack, Justice Hugo Black Stated it had to do with racism. Refer to the rubric and scoring instructions on the next page to see how your teacher will grade your assignment. The United States joined World War II and all Japanese and Japanese-Americans were being rounded up and put into camps, because the US government was afraid that there could spies or that the people with a Japanese heritage could turn against America. Fred Korematsu was born in the United States to a Japanese family who had been legal citizens for many years. whom we have no doubt were loyal to this . Not only was this relocation based on false premises and shaky evidence, but it also violated the rights of Japanese-Americans through processes of institutional racism that were imposed following the events of Pearl Harbor. Fred Korematsu was a Japanese-American citizen who refused to relocate to one of the detention camps created during World War II by executive order specifically created to detain Japanese Americans. "It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." The Supreme Court ruled that the evacuation order violated by Korematsu was valid, and it was not necessary to address the constitutional racial discrimination issues in this case. Many of them were in the detention centers for three years. PBS, 2002. . This is since they were taken from their homes and their business closed down. Even when America let the Japanese Americans fight, the rest of the camp and their lives were safe from warfare. It was either seen as a necessary act to protect the security of the United States, or it was seen as a racist act which unethically imprisoned many American citizens and violated their constitutional rights. One of his most famous quotes from his opinion is the following . Internment camps were common in many countries during World War 2, including America. . He contested his case all the way to the Supreme Court after being arrested and convicted of ignoring the government's order. Korematsu believed the orders, proclamations, and congressional law were unconstitutional because these laws deprived Korematsu of his rights, the same rights to other citizens of the United States, without his 5th Amendment right to due process of the law. The majority ruled that there was sufficient danger and a sufficient relationship between the order and the prevention of the danger to justify requiring Korematsu to evacuate. 2nd ed. This was brought up in 1944 by the Korematsu v. United States case. Rountree, Clarke. The Nikkei had the same rights as any other American citizen, yet they were still interned. In the process of deciding the right way to deal with. Answer: He refused to report to a Japanese internment camp in California after Pearl Harbor. Korematsu v. United States: A Constant Caution a Time of Crisis. Asian American Law Journal. In this situation the benefits of internment camps outweighed the possible negative, Another reason why President Roosevelt in ordering the Executive Order 9066 resulted in the internment of Japanese American citizens would be the evacuation orders that happened Japanese-American communities giving info and directions on how to obey with the newexecutive order. Epstein, Lee and Thomas G. Walker. This executive order created the War Relocation Authority. While reading Farewell to Manzanar by Jeanne Wakatsuki and Unbroken by Laura Hillenbrand, these points are obvious. Korematsu refused to transfer from the original camp in Manzanar, CA that he was placed in and was arrested and, Most of the people sent to internment camps were either born in the United States to legal immigrants, or people who had already become citizens. He was on a mission to find a missing plane when his own plane crashed in the ocean. Laura Richart S. DioGuardi Criminal Law & Procedure 22 September 2016 CJ2300 Assignment 1: Case Brief Case: Korematsu v. United States, 323 U.S. 214 (1944) Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. In his Argument Korematsu was not excluded because of race or hostility; He was excluded because the United States was at war with japan and there was a fear of invasion along the west coast. The dissenting opinion was that the American government was depriving the Japanese American citizens of their civil liberties and civil rights. In a strongly worded dissent, Justice Robert Jackson contended: "Korematsu has been convicted of an act not commonly thought a crime," he wrote. What did Fred T. Korematsu do that resulted in his arrest and, 2. Use this lesson to have students explore the challenges to civil liberties faced by Japanese Americans in internment camps during WWII. That is not to say that all such restrictions are unconstitutional. Floyd described how he had students of Japanese descent that hid in his apartment, terrified after the event of Pearl Harbor. It was during this time that the internment order was approved, and the argument is that they were unsure if they should stay (as they were told) or go (again, as they were told). The reason Korematsu was convicted was solely due to his race. Also, Korematsu was excluded from his home for doing nothing. Dear Editor of the LA Times, I am a White American living in Los Angeles. Chicago-Kent College of Law at Illinois Tech, n.d. Answer: (2 points) It raised the fact that the Japanese were getting denied their liberties and civil rights. Students will understand the major events related to the internment of Japanese Americans during World War II. Japanese Americans volunteered for the war, not forced to join, because these camps held no intention of harming these Japanese-Americans in the first place. American History, 09 Apr. On November 10, 1983, a federal judge overturned Korematsus conviction in the same San Francisco courthouse where he had been convicted as a young man. standing behind the military orders created by Congress and the Executive. United States (1944) Summary Korematsu v. United States, 323 U.S. 214 (1944) was a U.S. Supreme Court case that upheld Japanese internment camps. This executive order required that all Japanese- Americans, some Italian- Americans, and some Jewish refugees be taken from their homes and placed in internment camps around the United States, with many being on the West Coast. . Answer: (2 points) Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. Many, Fred Korematsu was a Japanese-American who refused to be put into a concentration camp, ignoring an Executive order by Franklin D. Roosevelt, went into hiding. Yet, Justice Black justified the Courts decision by stating Korematsu was not excluded from the Military Area because of hostility to him or his race. But if we cannot confine military expedients by the Constitution, neither would I distort the Constitution to approve all that the military may deem expedient. O Brown v. Board of Education O Sweatt v. Painter O Plessy v. Ferguson O Nixon v. Herndon. This act caused the relocation of about 110,000 people with Japanese ancestry. Korematsu believed the governments new laws stemmed from racial prejudice not military necessity which justified the internments. Even during that period, a succeeding commander may revoke it all. The court unanimously decided that it is illegal for the government to intern a citizen who is found to be, After the bombing of Pearl Harbor, President Roosevelt signed Executive Order 9066 on February 19, 1942. Justice Black has been criticized for defending his opinion that the internment of Japanese was not unconstitutional because it served a pressing public necessity. History Matters, n.d. Did the Presidential Executive Order 9066 violated habeas corpus? Why was it important for her to understand the, Read "Why Don't We Complain," by William F. Buckley, Jr. [REFERENCE]: https://www.sanjuan.edu/cms/lib8/CA01902727/Centricity/Domain/218/Complain%20by%20William%20Buckley.pdf a. In dealing with matters relating to the prosecution and progress of a war, we must accord great respect and considerationto the judgments of the military authorities who are on the scene and who have full knowledge of the military facts. He concluded that the exclusion order violated the Fourteenth Amendment by fall[ing] into the ugly abyss of racism. Korematsu v. United States, 323 U.S. 214 (1944) was a U.S. Supreme Court case that upheld Japanese internment camps. Both liberal and. The next day the US declared war on Japan and everyone was in a panic wondering what would happen next. Japanese-Americans and prisoners of war were sent to camps, Summary Of A Case: Korematsu V. United States, Laura Richart Our work is original and we send plagiarism reports alongside every paper. The Supreme court, in a 6-3 decision, upheld his conviction. When Executive order 9066 was signed by Franklin D. Roosevelt all Japanese American were forced to evacuate all throughout the west coast. Justice Murphy believed that the military orders legalized racism because Korematsu was at no fault being in the presence of his home, and not being granted his right to an impartial trial. Rule: Executive Order 9066 was found to be constitutional based on the fact that we were at war, and that as a country, we have the right to defend our soil. Get Your Custom Essay on, Graded Assignment Korematsu v. the United States (1944). Get an essay WRITTEN FOR YOU, Plagiarism free, and by an EXPERT! On the contrary, it is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. . This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. At one point Korematsu must have felt disconnected not just from the United States, but even his own people, his own community (Japanese). He contested his case all the way to the Supreme Court after being arrested and convicted of ignoring the government's order. What were those lessons? According to the principle of popular sovereignty, the question of slavery in the territories would be determined by, 9. Threat to their 5 Amendment of American citizenship called for necessary questioning of the governments role in American lives (Doc D). The United States suffered immensely from the Pearl Harbor attack and many citizens were terrorized with the image of the attack. 9066 Korematsu v. U.S. Answer: (5 points) The Military justified their actions for these internment camps by claiming that there was a danger of those Japanese descent spying for their country. Your feedback, good or bad is of great concern to us and we take it very seriously. It is to say that courts must subject them to the most rigid scrutiny. Furthermore, the accusation of disloyalty among Japanese Americans caused the state department to send Agent Curtis B. Munson to investigate this issue among the Japanese Americans; he concluded there is no Japanese problem on the west coasta remarkable, even extraordinary degree of loyalty among this generally suspect ethnic group (Chronology). Constitutional Law for a Changing America: Rights, Liberties, and Justice, 9th Edition. On December 18, 1944, a divided Supreme Court ruled, in a 6-3 decision, that the detention was a military necessity not based on race. . The case legalizes racism By violating the equal protection clause of the 14th Amendment. The evolution of the interpretation of the Equal Protection Clause and Due Process Clause of the 14th Amendment has been going in a positive direction after the justification of racial discrimination in, , Minami, Dale, Serrano K. Susan. Roadways to the Bench: Who Me? To distinguish among Japanese Americans who werent proud for Japan and those who were was nearly impossible. Justice Hugo Black wrote the majority opinion, which was joined by Justices Stone, Reed, Douglas, Rutledge, and Frankfurter. The video discussed how Korematsus kids were also impacted and how their daughter learned of this case from one of her peers as a project in class. There was a need for the court to protect each citizens rights and liberties, which is not seen in the ruling. Course Hero is not sponsored or endorsed by any college or university. Farewell to Manzanar, written by Jeanne Wakatsuki Houston and James D. Houston, shares the story of Jeannie Wakatsuki and how her life was changed in an internment camp in California. Lawyers found the latter information and strived to clear Korematsus name in the aftermath of. We'll send you the first draft for approval by. Due to World War II, President Franklin D. Roosevelt gave permission to the confinement of tens of thousands of American citizens of Japanese ancestry and residents from Japan. This executive order gave the military the power to ban any citizen from a 50-60 mile wide coastal area from Washington State to California. This order also gave the military permission to transport these citizens to centers that they ran in California, Arizona, Washington, and Oregon. So why were they the ones punished for it? Had Korematsu been one of fourthe others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason but out on paroleonly Korematsu's presence would have violated the order. What did Fred T. Korematsu do that resulted in his arrest and conviction? Writing for the majority, Justice Hugo Black held that "all legal restrictions which curtail the civil rights of a single racial group are immediately suspect" and subject to tests of "the most rigid scrutiny," not all such restrictions are inherently unconstitutional. 1415-1417. Was the militarys exclusion order justified? There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. A Nisei Order was issued which meant that all U.S. born sons and daughters of Japanese immigrants of the southern California terminal island, were ordered to evacuate their homes only bringing what they could carry. Fear and uncertainty manifested among the general American public and the government from the attack. 02 May 2016. The World War II Tic Tac Toe comes complete with FIFTY-THREE hyperlinked videos, articles, and . Justice Robert H. Jackson was a dissenting voice in the 6-3 decision upholding the constitutionality of the internment camps. Congress and the Executive acted in response of the publics concern and targeted individuals of Japanese ancestry as potential war threats. The order authorized the Secretary of War and the armed forces to remove people of Japanese ancestry from what they designated as military areas and surrounding communities in the United States. ", 31. Justice Robert H. Jackson wrote a dissenting opinion where he expressed sentiments to reverse Korematsus conviction. . But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. He felt that he was being deprived of his rights live freely without the appropriate legal process. To this date, many historians critique Korematsu v. United States as one of the worst decisions made by the Supreme Court. The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation? In 1983, a pro bono legal team with new evidence re-opened the 40-year-old case in a federal district court on the basis of government misconduct. The order set in motion the mass transportation and relocation of more than 120,000 Japanese people to sites the government called detention camps that were set up and occupied in about 14 weeks. The Japanese-Americans werent allowed to own land, vote, or testify against whites in a court. He was excluded because we are at war with the Japanese Empire, because the properly constituted military authorities feared an invasion of our West Coast and felt constrained to take proper security measures, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily, and finally, because Congress, reposing its confidence in this time of war in our military leadersas inevitably it mustdetermined that they should have the power to do just this. Constitutional law for a Changing America: rights, liberties, which joined. 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