On December 8, 1944 the United States supreme court delivered its opinion on the Korematsu case, upholding Korematsus conviction. Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. The Japanese-Americans were interned out of fear from Pearl Harbor and, although the conditions werent terrible, the aftermath was hard to overcome. After Pearl Harbor, many Americans were scared of the Japanese Americans because they could sabotage the U.S. military. The Military justified their actions for these internment camps by claiming that there was a danger of those Japanese descent spying for their country. 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. 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. Along with this fear, there was doubt of the loyalty of those Japanese-Americans that were currently living on the west coast. Living during the wartime tension, Fred Korematsu, a Japanese American, tried to live out of trouble. After this event occurred, the U.S decided that the japanese people of America were untrustworthy and must be put in internment camps. This agency was responsible for speeding up the relocation process for Japanese relocation. 2016. From my research I have concluded that even though Korematsu got his case overturned in 1984 because of untruthful information it was still unfair that it is still deemed Constitutional that there were internment camps for Japanese-Americans. The legislation apologized and paid $20,000 to each victim in order to compensate. The scope of their discretion must, as a matter of necessity and common sense, be wide. 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. 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. 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. Constitutional Law for a Changing America: Rights, Liberties, and Justice, 9th Edition. The majority opinion ruled that the court should not address the entirety of the order under which Korematsu was convicted, which included provisions requiring citizens to report to assembly and relocation centers. When Reyna begins her writing workshop, her teacher gives the students a specific challenge. Along with the Japanese-Americans, our American soldiers were also interned in Japan, but in harsher conditions and aftermaths. Concurring Opinion Written by: Justice Frankfurter, Concurrence: The constitutional issues should be addressed, but in evaluating them, it is clear that the martial necessity arising from the danger of espionage and sabotage warranted the militarys evacuation order. Our work is original and we send plagiarism reports alongside every paper. This case ruling has been regarded as one of the worst Supreme Court decisions made by many historians due to the lack of civil rights granted to Korematsu. According to Floyd, The detainees became prisoners of war. This one line describes the harshness of the inhuman approach that America took in the unwarranted fear of the Japanese. Ooops. [A]ll legal restrictions which curtail the civil rights of a single racial group are immediately suspect. The case legalizes racism By violating the equal protection clause of the 14th Amendment. 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. They showed that the governments legal team had intentionally suppressed or destroyed evidence from government intelligence agencies reporting that Japanese Americans posed no military threat to the U.S. Korematsu v. United States was a U.S. Supreme Court case concerning the forced relocation and confinement of Japanese Americans in the 1940s. To distinguish among Japanese Americans who werent proud for Japan and those who were was nearly impossible. Texas had three such camps managed by the Immigration and Naturalization Service (INS) (Crystal City, Kenedy, and Seagoville), and two run by the military, for a total of five. (2 points) 1. No claim is made that he is not loyal to this country. In accordance with the order, the military transported them to some 26 sites in seven western states, including remote locations in Washington, Idaho, Utah, and Arizona. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. 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. 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. So why were they the ones punished for it? Fear and uncertainty manifested among the general American public and the government from the attack. After the attack on Pearl Harbor on December 7, 1941 by Japanese military, Franklin D. Roosevelt issued Executive Order 9066 on February 16, 1942. Jeannies story comes from a Japanese Americans point of view, who lived four years of her childhood in Manzanar camp with her family. They believed that the compulsory exclusion of large groups of citizens would help with the emergency and ensure that no individual was in danger. The decision of the case written by justice Hugo Black, was related to a case in the previous year Hirabayashi v. United States. Volume 10 Issue 1. From my research I have concluded that even though Korematsu got his case overturned in 1984 because of untruthful information it was still unfair that it is still deemed Constitutional that there were internment camps for Japanese-Americans. 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. We will email you a plagiarism report alongside your completed paper once done. No claim is made that he is not loyal to this country. whom we have no doubt were loyal to this . What did the dissenting justices think about the power of military authorities? S. DioGuardi Refer to the rubric and scoring instructions on the next page to see how your teacher will grade your assignment. He was later captured by the Japanese and sent to a POW camp. Consequently, Korematsu was then arrested on May 30 and taken to Tanforan Relocation Center. 02 May 2016 . Find many great new & used options and get the best deals for FRED KOREMATSU: ALL AMERICAN HERO By Anupam Chander & Madhavi Sunder **Mint** at the best online prices at eBay! 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. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation. The majority found it necessary only to rule on the validity of the specific provision under which Korematsu was convicted: the provision requiring him to leave the designated area. He had plastic surgery on his eyes to alter his appearance; changed his name to Clyde Sarah; and claimed that he was of Spanish and Hawaiian descent. Question 4 options: That the military lacked strength because so many men were away fighting. O Brown v. Board of Education O Sweatt v. Painter O Plessy v. Ferguson O Nixon v. Herndon. Korematsu appealed to the Ninth Circuit Court of Appeals. Introduction (Explain the problems or opportunity faced by the organisation) 2. The Japanese-Americans werent allowed to own land, vote, or testify against whites in a court. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu was born on our soil, of parents born in Japan. This order authorized the war department to designate military areas from which any and all persons may be excluded. . 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. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can. Since this was a camp to ensure there would not be traitors in the war, it was necessary to enforce these camps defenses. The dissenters disagreed. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Use this lesson to have students explore the challenges to civil liberties faced by Japanese Americans in internment camps during WWII. The people that were interned would be told that they were in these camps for their own protection. . Did the U.S. government and President Franklin D. Roosevelt make the right decision when they signed Executive Order 9066? Conviction upheld. We do this to allow you time to point out any area you would need revision on, and help you for free. 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). Answer: (2 points) A substantial basis exists to convey that individuals of Japanese ancestry, despite being born on United States soil, were affiliated and proud of Japan during the Pearl Harbor attack. . Web. That the military should declare martial law during war time. 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. 9066. Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. Korematsu v. United States and Japanese Internment DBQ. 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. Korematsu would lie about his ethnicity and background saying he was Mexican American in order to avoid governmental exclusion. 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. In 1942 Japanese-Americans were wrongly taken from their homes because Americans considered them life-threatening., In 1944, the US Supreme Court decided on the legality of the internment of Japanese-Americans by the United States government during World War II. That military powers should never be limited during war time. (Executive, Fred Korematsu was the change the Japanese community, but it was not all sun shines and dandelions the whole time. New York Times, query.nytimes.com. What did Fred T. Korematsu do that resulted in his arrest and conviction? Documents from the U.S. Navy surfaced about forty years later Korematsus conviction entailing that the Japanese truly did not possess a threat to the United States. Was the Executive Order unconstitutional or not? Get Your Custom Essay on, Graded Assignment Korematsu v. the United States (1944). 02 May 2016. Another reason for Japanese-Internment was that the Japanese as a country had bombed Pearl Harbor. 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. Add the total to the totals for questions 15 to arrive at a final score. There were about 1500 from the mainland most from behind barbed wire in American Concentration Camps while nearly 100,000 volunteers from Hawaii [entered the war], (Odo). Leonard W. Levy and Kenneth L. Karst. Korematsu was not excluded from the Military Area because of hostility to him or his race. 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. 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. Justice Black has been criticized for defending his opinion that the internment of Japanese was not unconstitutional because it served a pressing public necessity. Start here to download court- and class-ready resources formatted for immediate use. In the process of deciding the right way to deal with. Majority: Conviction affirmed. We uphold the exclusion order as of the time it was made and when the petitioner violated it. Well, Japanese Americans didnt have to imagine it, it was their reality. The Respondent believed that congressional law, proclamations, and executive orders done by the government were constitutional for the nature of the time, and they were valid exercise of the war power. Course Hero is not sponsored or endorsed by any college or university. Korematsu felt that his rights were being violated. Korematsu planned to stay behind. KOREMATSU v. THE UNITED STATES (1944), 165A-169A What concerns did Korematsu's arrest raise? This order would protect them from people who might act out of anger towards the Japanese. We cannotby availing ourselves of the calm perspective of hindsightnow say that at that time these actions were unjustified. Spring 2016: Athina D. Aguirre,Juan M. Barboza,Devin J. Mack,Taylor L. Turner. 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. Such exclusion goes over the very brink of constitutional power and falls into the ugly abyss of racism. The United States suffered immensely from the Pearl Harbor attack and many citizens were terrorized with the image of the attack. The threat of the possibility of the presence of espionage among Japanese ancestry outweighed Japanese Americans constitutional rights because of these war time measures. This is not a case of keeping people off the streets at night . . The U.S. Supreme Court ruled in favor of Korematsus conviction resulting in him going to a Japanese internment camp. The United States President and Congress acted in response to the attack and the political attitude of the the nations fear of war and terror. Was the militarys exclusion order justified? 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. Many of them were in the detention centers for three years. Did Congress go beyond its power by issuing an exclusion that deprived Japanese American of their rights? 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. Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. That he is not law abiding and well disposed their discretion must, as matter! Did Korematsu & # x27 ; s arrest raise not all sun shines and the. Necessary to enforce these camps defenses consequently, Korematsu was the change the Japanese as a of. Became prisoners of war for their country the rubric and scoring instructions on the case... 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