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. Korematsu v. the United States (1944). 3. In 1998, President Bill Clinton awarded Fred Korematsu the Presidential Medal of Freedom, which is known as the nations most prestigious civilian award. Thereafter, Korematsu filed a case on June 12, 1942 because of the executive order President Roosevelt issued that ordered internment of all Japanese American, in February 19, 1942. Using the book Prisoners Without Trial and primary sources from relocation camps and assembly centers, I will analyze the physical, emotional, and social effects of the unconstitutional imprisonment, and how these effects shaped and reflected the lives and actions of those within the camps. The U.S. Navy purposefully kept these official documents away from the Supreme Court during the duration of the case to their benefit. Many people in the camp either got sick or died. 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 rights regardless of ancestry or external appearances because most Americans lineage stems from foreign lands. Get an essay WRITTEN FOR YOU, Plagiarism free, and by an EXPERT! Min Okubo was sent to a camp in America because she was seen a threat to America because of Mins Japanese heritage. He was on a mission to find a missing plane when his own plane crashed in the ocean. Middletown, CT: Wesleyan University Press, 1989, 83., I chose the landmark case of Korematsu v. United States for this research paper. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. He called the exclusion order "the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. Because the order applied only to people who were Japanese or of Japanese descent, it was subject to the most rigid scrutiny. The majority found that although the exclusion of citizens from their homes is generally an impermissible use of government authority, there is an exception where there is grave [ ] imminent danger to the public safety as long as there is a definition and close relationship between the governments actions and the prevention against espionage and sabotage. Most of the people who were relocated lived on the West Coast and two-thirds were American citizens. 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. 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History Matters, n.d. Not only was Justice Murphy in discontent with the lack of constitutional rights granted to Korematsu, but Justice Murphy was upset with the treatment of all Japanese in internment camps. They believed that the compulsory exclusion of large groups of citizens would help with the emergency and ensure that no individual was in danger. 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. When Reyna begins her writing workshop, her teacher gives the students a specific challenge. This order authorized the war department to designate military areas from which any and all persons may be excluded. The nation's wartime security concerns, he contended, were not adequate to strip Korematsu and the other internees of their constitutionally protected civil rights. Only people of japanese descent were to check into assembly centers. The people that were interned would be told that they were in these camps for their own protection. The Japanese-Americans were taken from their homes and put into internments camps all across the United States. Answer: (2 points) His dissent is full of examples of how Japanese Americans do not hold a threat to the nation. 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. Graded Assignment KOREMATSU v. THE UNITED STATES (1944), 165A-169A What concerns did Korematsu's arrest raise? Chicago-Kent College of Law at Illinois Tech, n.d. Lower court held: Korematsu was convicted of violating an exclusion order by the military. 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. Such exclusion goes over the very brink of constitutional power and falls into the ugly abyss of racism. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. This executive order created the War Relocation Authority. Score Answer: The U.S. Military used the threat to the American people as their justification for the internment camps, but the Executive Order 9066, the order that Franklin D Roosevelt signed in 1942, was used as the Constitutional Justifications for creating the internment camps., In February 1942 President Roosevelt signed the Executive Order 9066, which declared that the U.S. armed forces could designate military areas in which certain people had to be expelled. Web. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. A Bankruptcy or Magistrate Judge? The United States suffered immensely from the Pearl Harbor attack and many citizens were terrorized with the image of the attack. To this date, many historians critique. What did the U.S. government believe some Japanese Americans would do if they were allowed to remain free on the West Coast? (2 points) 1. believe some Japanese Americans would do if they were allowed to remain free on the West Coast? , nor a case of temporary exclusion of a citizen from an area for his own safety or that of the community, nor a case of offering him an opportunity to go temporarily out of an area where his presence might cause danger to himself or to his fellows. Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support. What did Fred T. Korematsu do that resulted in his arrest and conviction? 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. . was made a crime only if his parents were of Japanese birth. This also led to the death of many of the people in these camps. Korematsu felt that his rights were being violated. 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. When that is not enough, we have a free enquiry service. This is not a case of keeping people off the streets at night . These american citizens had no reason to be suspected other than their ancestry. Refer to the rubric and scoring instructions on the next page to see how your teacher will grade your assignment. According to the Historical Museum at Fort Missoula, [No Japanese American] was ever charged with any act of disloyalty but all were held at Fort Missoula or other camps for the duration of the war. This proves that racism was the only reason these men were taken and subjected to the horrors of wartime interrogation, and the subsequent psychological, During WWII Japanese-Americans and prisoners of war were sent to camps. 3 Apr. A title page preceeds all your paper content. We do this to allow you time to point out any area you would need revision on, and help you for free. However, there was an exception for the Japanese-Americans to get out of the Camps and it was by volunteering for the war. At one point Korematsu must have felt disconnected not just from the United States, but even his own people, his own community (Japanese). If this be a correct statement of the facts disclosed by this record, and facts of which we take judicial notice, I need hardly labor the conclusion that Constitutional rights have been violated. It is said that we are dealing here with the case of imprisonment of a citizen in a concentration camp solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. It raised the fact that the Japanese were getting denied their liberties and civil rights. Facts and Case Summary Korematsu v. U.S. Executive Order No. He felt that he was being deprived of his rights live freely without the appropriate legal process. The next day the US declared war on Japan and everyone was in a panic wondering what would happen next. 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. This order would protect them from people who might act out of anger towards the Japanese. . On May 3, 1942 Fred Korematsu was issued the Exclusion Order Number 34. Middletown, CT: Wesleyan University Press, 1989, 83., I chose the landmark case of Korematsu v. United States for this research paper. Although this order never specifically named Japanese Americans, it soon became clear that they would be the only group, Japanese Decries Mass Evacuation; If They Do That to One Group They Can Do It to Others, Citizens Official Says. New York Times, 19 June 1942. 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. In a strongly worded dissent, Justice Robert Jackson contended: "Korematsu has been convicted of an act not commonly thought a crime," he wrote. President Franklin D Roosevelt signed an order in February 1942 stating that U.S. Military was allowed to exclude any and all persons from certain areas of the U.S. as necessary. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can. Another reason for Japanese-Internment was that the Japanese as a country had bombed Pearl Harbor. Feel free to contact us through email or talk to our live agents. Indeed, it is frequently cited for its assertion that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect.. as one of the worst decisions made by the Supreme Court. While reading Farewell to Manzanar by Jeanne Wakatsuki and Unbroken by Laura Hillenbrand, these points are obvious. Course Hero is not sponsored or endorsed by any college or university. The Supreme court, in a 6-3 decision, upheld his conviction. Course Hero is not sponsored or endorsed by any college or university. Get Your Custom Essay on Korematsu versus the united states (1944) Just from $10/Page Order Essay Why did Justice Black say the exclusion order was constitutional? ", U.S. District Court, Northern District of California. This went on until 1944, and the last internment camp closed in 1945. We also offer this for free. 2016. was made a crime only if his parents were of Japanese birth. The legislation apologized and paid $20,000 to each victim in order to compensate. 214 Opinion of the Court. The public skipped to the conclusion that all people of Japanese ancestry were saboteurs which heightened racial prejudices. Korematsu v. United States: The U.S. Supreme Court Upholds Internment. Korematsu v. United States: The U.S. Supreme Court Upholds Internment. There it has a generative power of its own, and all that it creates will be in its own image. Congress in 1983 declared that the decision had been overruled in the court of history, and the Civil Liberties Act of 1988 contained a formal apology as well as provisions for monetary reparations to the Japanese Americans interned during the war. Korematsu believed there was an inconsistency with the application of both amendments because it is not fair that some amendments are applied to certain citizens in certain places when these amendments were created to protect every individual on every level. 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 World War II Tic Tac Toe comes complete with FIFTY-THREE hyperlinked videos, articles, and . The book Farewell to Manzanar by Jeanne Wakatsuki Houston and James D. Houston depicts the reactions of the government and the American public toward Japanese Americans after the attack on Pearl Harbor. (2 points) Well, Japanese Americans didnt have to imagine it, it was their reality. Justice Hugo Black wrote the majority opinion, which was joined by Justices Stone, Reed, Douglas, Rutledge, and Frankfurter. Eventually, Korematsu was caught and detained. Since this was a camp to ensure there would not be traitors in the war, it was necessary to enforce these camps defenses. You will get a personal manager and a discount. Roadways to the Bench: Who Me? Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. On April 5, 1943 oral arguments were held. The camps were populated primarily by individuals of Japanese descent, but some camps also contained German and Italian Americans, all of whom were detained in Department of Justice (DOJ) camps through the Enemy Alien Control Unit Program. Court precedentin. He refused to go to the government's internment camps for Japanese Americans in 1942, when he was 23 years old. Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. , http://blog.constitutioncenter.org/2015/11/korematsu-a-decision-that-will-live-in-infamy/http://www.c-spanclassroom.org/Video/2352/Supreme+Court+Landmark+Cases+Korematsu+v+United+States.aspxhttp://www.yale.edu/ynhti/curriculum/units/1994/1/94.01.02.x.html. Congress and the Executive acted in response of the publics concern and targeted individuals of Japanese ancestry as potential war threats. 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. . (2 points) 1. He was excluded because we are at war with the Japanese Empire.because Congress, reposing its confidence in this time of war in our military leadersas inevitably it must determined that they should have the power to do just this. The decision was based off the necessary measures Congress and the Executive must make during war time. [A]ll legal restrictions which curtail the civil rights of a single racial group are immediately suspect. People argued that the Japanese aliens in the United States posed as a threat but in reality more than two-thirds of the Japanese who were interned in the spring of 1942 were citizens of the United States (Ross). 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. Civilian Exclusion Order No. They tried to dehumanize Min and Louie in many ways but Min and Louie resisted feeling invisible and survived. . What did Fred T. Korematsu do that resulted in his arrest and conviction? The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation? The dissenting opinion raises the fact that Japanese Americans were being deprived of what rights? Landmark Cases of the U.S. Supreme Court. Korematsu v. United States. This was regardless of their citizenship. . i. All Rights Reserved. Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. Did the Presidential Executive Order 9066 violate Korematsus 14th Amendment Equal Protection Clause and his 5th Amendment rights to life, liberty, and property.? The majority believed that there was a need for incarceration in wartime to protect Spring 2016: Athina D. Aguirre,Juan M. Barboza,Devin J. Mack,Taylor L. Turner. Situation Analysis ) - SWOT ANALYSIS Name five S's, W's, O's and T's each, Briefly describe the New Deal program that you chose to research. The evacuees were sent to the Manzanar War relocation center. He contested his case all the way to the Supreme Court after being arrested and convicted of ignoring the government's order. Consequently, Korematsu was then arrested on May 30 and taken to Tanforan Relocation Center. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Frankfurter states, . PBS, 2002. Another thing to take into consideration is that in Hawaii no actions such as Executive Order 9066 was taken, and one third of Hawaii's population was Japanese Americans at the time. 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. 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. Under a writ of habeas corpus, a person should be able to obtain relief from unlawful detention. We are, therefore, constantly adjusting our policies to ensure best customer/writer experience. During Congressional committee hearings, The Department of Justice representatives raised objections to the proposal. Justice Jackson called the exclusion order the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. The majority of the court believed that compulsory exclusion of. 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. This exclusion of all persons of Japaneseancestry, both alien and non-alien, from the Pacific Coast area on a plea of military necessity in the absence of martial law ought not to be approved. Prisoners without trial: Japanese Americans in World War II. 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. Here, you put all your personal information and this we give out for free. 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. How did this case connect with the Hirabayashi case? Fred T. Korematsu was a national civil rights hero. 6.Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. Despite the tension existing during the time of Korematsus conviction, after the Pearl Harbor attack, Justice Jackson didnt believe that Congress nor the Executive had the right to deprive Korematsu from his rights. These areas were legally off limits to Japanese aliens and Japanese-American citizens. Once your paper is ready, we will email it to you. This was in response to the attack on Pearl Harbor and was intended to prevent supposed espionage. This New York Times article discussed the stance of Mike M. Masoka, the national secretary of the Japanese-American Citizens in 1942, on the subject of internment. They believed that it was wrong to exclude anyone living in the country. 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) He concluded that the exclusion order violated the Fourteenth Amendment by fall[ing] into the ugly abyss of racism.. . The scores for Organization and Spelling, Punctuation, and Grammar are not weighted. Choose the payment system that suits you most. What did Fred T. Korematsu do that resulted in his arrest and conviction? The dissenters disagreed. 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. So in this case, those handful of Japanese Americans voluntarily let themselves involved in warfare, knowing they may die in even harsher environments unlike living in the camps. . Web. Courtroom Simulation Roles and Responsibilities Korematsu v. 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