The Supreme court, in a 6-3 decision, upheld his conviction. Was the Executive Order unconstitutional or not? This same order was also applied to residents of the U.S. who were of German or Italian descent; however, it was much worse for the Japanese Americans. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. Korematsu was born on our soil, of parents born in Japan. To find that the Constitution does not forbid the military measures now complained of does not carry with it approval of that which Congress and the Executive did. Did Congress go beyond its power by issuing an exclusion that deprived Japanese American of their rights? 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. Web. New York, NY: Hill and Wang., 2. If you were a Japanese-American internee, then defying military orders could earn you a fine of $5,000 and a year in prison. The US government believed that the Japanese Americans would at some point turn on them. 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. The case legalizes racism By violating the equal protection clause of the 14th Amendment. 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. The threat of the possibility of the presence of espionage among Japanese ancestry outweighed Japanese Americans constitutional rights because of these war time measures. 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). When he was 23 in 1942, he refused to go to the governments incarceration camps meant for Japanese Americans. (2 points) 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. 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. I find it unfavorable that the ruling would support an act of exclusion of some citizens and asking them to go to unconducive camps. was made a crime only if his parents were of Japanese birth. The majority opinion, delivered by Justice Black, justified their ruling by stating that Congress and the Executive have the right to issue military orders that evicted and placed individuals in internment camps based off their Japanese ancestry due to the fact that potential of espionage existing among Japanese Americans outweighed their constitutional rights. His appeal was denied citing that the case doubted whether or not it had jurisdiction to hear the appeal. Case: Korematsu v. United States, 323 U.S. 214 (1944) Facts and Case Summary Korematsu v. U.S. Executive Order No. This removed any Americans with Japanese ancestry from the West Coast, placing them under armed guard, otherwise known as internment camps for up to four years. (5 points) What prompted the sudden outpouring of racial prejudice against Japanese Americans after the attack on Pearl Harbor? Executive Order 9066 was put into place by President Roosevelt and this order made it possible to put anyone from full Japanese to even 1/16th into special facilities where they were seclude from the general population. Did the Presidential Executive Order 9066 violate Korematsus 14th Amendment Equal Protection Clause and his 5th Amendment rights to life, liberty, and property.? The West Coast was first divided into military zones, and then on February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066 shortly after the Pearl Harbor Bombing. Start here to download court- and class-ready resources formatted for immediate use. 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. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions., To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof., The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it., Constitution. Korematsu V United States -. 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. This quickly led American people to believe that there was treachery about with the Japanese. 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. He called the exclusion order "the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. 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. Many people in the camp either got sick or died. December 7, 1941; Island Hopping; Women at Work; Korematsu v. United States, 1944; The Holocaust; Propaganda Machine; The "Arsenal of Democracy", and Franklin D. Roosevelt. It is also manifest that Korematsu was convicted of an act that is not commonly a crime. Criminal Law & Procedure 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. 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. 3) The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was. That is not to say that all such restrictions are unconstitutional. The scores for Organization and Spelling, Punctuation, and Grammar are not weighted. 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. . standing behind the military orders created by Congress and the Executive. How did judges interpret the law in favor of those businessmen who wished to expand at the expense of others?, |Name: Mara Hughes |Date: 2/5/14 |. This order would protect them from people who might act out of anger towards the Japanese. To this date, many historians critique Korematsu v. United States as one of the worst decisions made by the Supreme Court. Korematsu was treated as a criminal, which affected his appearance towards others, and difficulty attaining employment. We cannotby availing ourselves of the calm perspective of hindsightnow say that at that time these actions were unjustified. They unreasonably displaced and transferred the japanese to these camps and blatantly disregarded their 4th amendment rights in the process., A redundant act of tyranny was breached upon the rights Japanese Americans based upon Executive Order 9066. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. New York Times, query.nytimes.com. One of his most famous quotes from his opinion is the following . What did Fred T. Korematsu do that resulted in his arrest and conviction? He was later captured by the Japanese and sent to a POW camp. However, another decision made shortly following that attack resulted in the internment of thousands of Japanese Americans in Hawaii and the Western U.S. "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." To distinguish among Japanese Americans who werent proud for Japan and those who were was nearly impossible. 22 September 2016 Approximately 60% of the people that were relocated were U.S citizens with Japanese ancestry. On December 18, 1944 the U.S. supreme court handed down an Ex-Parte Endo, which the justices unanimously ruled that the U.S. government could not continue to detain a citizen who was concededly loyal to the United States. What did the dissenting justices think about the power of military authorities? This executive order created the War Relocation Authority. 02 May 2016 . 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. 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. Basically all that the Executive Order 9066 did was take away innocent people's houses, businesses, and strip them of their basic rights just because of their ancestry., Americans in the West woke up to a war on the home front with some of their very neighbors in possible blame. Korematsu was not excluded from the Military Area because of hostility to him or his race. Justice Jackson called the exclusion order the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. The reason Korematsu was convicted was solely due to his race. [A]ll legal restrictions which curtail the civil rights of a single racial group are immediately suspect. This is since they were taken from their homes and their business closed down. believe some Japanese Americans would do if they were allowed to remain free on the West Coast? Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support. The order did not mention a particular group. 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 Korematsus presence would have violated the order. After the Pearl Harbor attack, great hostility towards individuals of Japanese ancestry increased in fear of said individuals potentially being spies plotting another attack. . 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. 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. This order was seen in two ways. They hence were in support of specific areas for Japanese Americans and other persons of divergent nations to protect their citizens. 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