Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. The camps, no matter how unpleasant, were turning points for both internees. i. Gale Virtual Reference Library. Targeting mostly Issei and Nisei citizens, first and second generation Japanese-Americans respectively,2 the policy of internment disrupted the lives of families, resulting in a loss of personal property, emotional distress, and a personal attack on an entire race of people based solely on their ancestry. A military commander may overstep the bounds of constitutionality, and it is an incident. 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 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. The United States suffered immensely from the Pearl Harbor attack and many citizens were terrorized with the image of the attack. 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 laws created by the government deprived Korematsu of equal protection of the law on the basis of racial discrimination. 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. Conviction affirmed, Dissenting opinion written by: Justice Jackson. The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation? Irons, Peter, ed., Justice Delayed: The Record of the Japanese American Internment Cases. 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. believe some Japanese Americans would do if they were allowed to remain free on the West Coast? Conviction upheld. 22 September 2016 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. 2023 National Constitution Center. These areas were legally off limits to Japanese aliens and Japanese-American citizens. 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. Did the Presidential Executive Order 9066 violated habeas corpus? Answer: He refused to report to a Japanese internment camp in California after Pearl Harbor. 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. This is not a case of keeping people off the streets at night . 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. 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). According to the first paragraph from the excerpts of the majority opinion, what did the U.S. government believe some Japanese Americans would do if they were allowed to remain free on the West Coast? The Executive Order 9066 was signed by President Roosevelt on February 19th, 1942. 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. Korematsu v. United States (1944). PBS. Fear and uncertainty manifested among the general American public and the government from the attack. Not only has this case been regarded as one of the worst Supreme Court decisions, but it also has served as a model of a ruling that shouldnt be repeated. (5 points) |Score | | | 1. The people that were interned would be told that they were in these camps for their own protection. Korematsu, however, has been convicted of an act not commonly a crime. which clearly states how Korematsu, being an American citizen, was deprived of his rights based off his ancestry. What did Fred T. Korematsu do that resulted in his arrest and conviction? Korematsu then brought forth a petition to take away his conviction due to government misconduct. In this essay I will attempt to explore the experiences of Japanese-Americans during the internment period and the ways in which these experiences negatively affected their lives. 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. 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. To cast this case into outlines of racial prejudice, without reference to the real military dangers which were presented, merely confuses the issue. They put forth their position that the order should have been considered as a whole, and the Court should have considered the other contemporaneous orders, all of which, when considered together resulted in the imprisonment of U.S. citizens in what were essentially concentration camps, based only on their race. They did it with the rest of the country in mind. It was believed that because the Japanese had already attacked the United States, there was imminent threat of further attacks, and of espionage or. Use the background information and the primary sources in the Graded Assignment: Primary Sources sheet to answer the following questions. Korematsu v. United States: The U.S. Supreme Court Upholds Internment. Korematsu v. United States: The U.S. Supreme Court Upholds Internment. Executive Order 9066 resulted in the eviction of thousands of Japanese American children, women, and men from restricted areas in the West Coast and held many of them in internment camps in order of preventing the occurrence of war crimes. I find it unfavorable that the ruling would support an act of exclusion of some citizens and asking them to go to unconducive camps. Back on December 7, 1941 the Japanese attacked US Naval forces in Pearl Harbor located in Hawaii. Therefore Executive Order 9066 can not be called an atrocity for all of warfare was kept out of sight from the Internment Camps, even after letting Japanese Americans volunteer in the, The government created this order because of the chance, regardless of how big or small, that there would be disloyal Japanese-Americans in the United States aiding the enemy. 3) The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was. To try and solve the fear President Franklin D Roosevelt told the army in Executive order 9066 to relocate all Japanese Americans living on the West Coast. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. 6.Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. Was the Executive Order unconstitutional or not? Floyd Schmoe was university professor while Helen Brill was a teacher at an internment camp. 1. The internment of Japanese Americans during WWII was not justified. Write a letter to the Editor of the Los Angeles Times telling which opinion in the case (majority or dissenting) you support and explain why. Thus, Korematsu believed his Six Amendment rights were violated as well. Justice Murphy states, I dissent, therefore, from this legalization of racism. Did the Presidential Executive Order 9066 violate Korematsus 14th Amendment Equal Protection Clause and his 5th Amendment rights to life, liberty, and property.? . He concluded that the exclusion order violated the Fourteenth Amendment by fall[ing] into the ugly abyss of racism.. 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 v. UNITED STATES. 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. Answer: (40 points) But in Roosevelt's response he viewed the incarceration of all Japanese citizens the only way to prevent possible civil war and espionage (Doc C). Chicago-Kent College of Law at Illinois Tech, n.d. . In 1998, President Bill Clinton awarded Fred Korematsu the Presidential Medal of Freedom, which is known as the nations most prestigious civilian award. The Military justified their actions for these internment camps by claiming that there was a danger of those Japanese descent spying for their country. Question 4 options: That the military lacked strength because so many men were away fighting. How did this case connect with the Hirabayashi case? 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. Frankfurter states, 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. 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. However, there was an exception for the Japanese-Americans to get out of the Camps and it was by volunteering for the war. At Homework Sharks, we take confidentiality seriously and all your personal information is stored safely and do not share it with third parties for any reasons whatsoever. This is uncalled for and goes against what the country has been fighting for years. 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. Korematsu believed the governments new laws stemmed from racial prejudice not military necessity which justified the internments. Justice Hugo Black wrote the majority opinion, which was joined by Justices Stone, Reed, Douglas, Rutledge, and Frankfurter. Korematsu v. United States, 323 U.S. 214 (1944) was a U.S. Supreme Court case that upheld Japanese internment camps. However, another decision made shortly following that attack resulted in the internment of thousands of Japanese Americans in Hawaii and the Western U.S. That there should be limits to military action when martial law has not been declared. Indeed, over 120,000 Issei (first generation Japanese immigrants) and Nisei (second generation U.S. citizens) were forced to move to camps in various states. 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. What did Fred T. Korematsu do that resulted in his arrest and, 2. The Fifth Amendments due process clause protects individuals on the federal level. 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. But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself. There was a need for the court to protect each citizens rights and liberties, which is not seen in the ruling. We cannotby availing ourselves of the calm perspective of hindsightnow say that at that time these actions were unjustified. This was in response to the attack on Pearl Harbor and was intended to prevent supposed espionage. Don't use plagiarized sources. he was sentenced to Topaz, Utah to a five year probation along other Japanese Americans. 02 May 2016 . 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 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. The nation's wartime security concerns, he contended, were not adequate to strip Korematsu and the other internees of their constitutionally protected civil rights. And their judgments ought not to be overruled lightly by those whose training and duties ill-equip them to deal intelligently with matters so vital to the physical security of the nation. Korematsu planned to stay behind. He was convicted of violating a military order and received a five year probation sentence. The Nikkei had the same rights as any other American citizen, yet they were still interned. Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. Lower court held: Korematsu was convicted of violating an exclusion order by the military. This order would protect them from people who might act out of anger towards the Japanese. He is discriminated against just because of where he comes from, which is unfair and unconstitutional. Even when America let the Japanese Americans fight, the rest of the camp and their lives were safe from warfare. Munsons report stated that there was no military necessity for mass incarceration of these people, yet the government ignored and kept the report, Moreover, the cases of search and seizure were required by the amendment to also be supported by the principle of probable cause. Threat to their 5 Amendment of American citizenship called for necessary questioning of the governments role in American lives (Doc D). . Answer: (2 points) Justice Murphy found no justification for Korematsus conviction and immediately believed that his conviction should have been reversed. The public skipped to the conclusion that all people of Japanese ancestry were saboteurs which heightened racial prejudices. Argued October 11, 12, 1944.-Decided December 18, 1944. 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. 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