Korematsu v. United States (1944)
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KOREMATSU V.
UNITED STATES (1944)
Blair Holton
PLS 211
https://library.creativecow.net/menick_stephen/Honorable-Journey-Documentary/1
Fred T. Korematsu
Son of Japanese immigrants
Born in California
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http://face2face.si.edu/my_weblog/2012/02/portrait-of-fred-korematsu-unveiled-february-2-2012.html
United States Government
Military and Congress
Military issued exclusion and
Congress approved
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http://www.toledoblade.com/Politics/2008/10/12/Transcript-of-FDR-s-fireside-chat.html
DETAILS OF THE CASE
President Franklin D. Roosevelt signed Executive Order No.
9066 on Febr uar y 19, 1942
placed Japanese-American citizens on the West Coast in
“assembly centers”
May 3, 1942, the Civilian Exclusion Order No. 34 gave all
Japanese persons in a certain part of Califor nia instr uctions to
not change residence after May 3 in order to allow complete
Japanese evacuation by May 9
Korematsu and Caucasian girlfriend sold all of their
belongings, had plastic surger y, and attempted to move to
Nevada
Korematsu was arrested on May 30
Er nest Besig, the Executive Director of the American Civil
Liberties Union (ACLU) of Norther n Califor nia paid
Korematsu’s $5,000 bail
DETAILS OF THE CASE CONTINUED
Korematsu was immediately restrained and taken to the
Tanforan Assembly center, a relocation center for
Japanese-American citizens
While at Tanforan, Korematsu challenged the exclusion
order
The San Francisco federal district court found Korematsu
guilty of “violating military exclusion orders” and
sentenced him to five years probation
ACLU appealed but the appeals court affirmed the lower
court decision
Korematsu and his family were taken to the Japanese
internment camp in Topaz, Utah
After 18 months and his mothers death, he was released
DETAILS OF THE CASE CONTINUED
Upon release, Korematsu
made his way towards Detroit
and SCOTUS was receiving
the appeal by ACLU
Korematsu felt the
gover nment was infringing
upon the rights given by the
Fourteenth Amendment to the
United States Constitution
in response to race issues after
the American Civil War
grants citizens rights and equal
protection of laws
http://larryrippeeandmollyreaart.blogspot.com/2012/02/executive-order-9066-internment-camp.html
WHY SCOTUS HEARD CASE
http://www.heardcitizen.com/a-constitution-minute-iv-2
Made the decision to hear
Korematsu’s case because
it dealt with civil liberties
and the human rights given
to American citizens by the
United States Constitution
Korematsu argued that his
arrest was caused by
racism and was not
justifiable
Defense stated his arrest
was precautionary
measures due to the antiJapanese feelings in
MAJORITY DECISION
Delivered by Supreme Court Justice Hugo Black on
December 18, 1944
SCOTUS sided with the defendant 6-3
“all legal restrictions which curtail the civil rights of
a single racial group are immediately suspect. That is
not to say that all such restrictions are
unconstitutional.”
Mentions Kiyoshi Hirabayashi v. United States
prove that racial discrimination was not a factor in the
governments initial order or the courts decision
Neither of the court decisions were unconstitutional
MAJORITY DECISION CONTINUED
“exclusion of those of Japanese origin was deemed
necessary because of the presence of an
unascertained number of disloyal members of the
group, most of whom we have no doubt were loyal to
this country.”
Acknowledged the unfairness towards the loyal American
people of Japanese descent, yet noted the necessity of the
oppression
“Korematsu was not excluded from the Military Area
because of hostility to him or his race.”
the ongoing war between the United States and Japan, fear of
invasion resulting in security measures, military urgency, and
simply because Congress decided they had the power to
DISSENTING OPINION
3 dissenting opinions
Justice Robert Jackson
Least fervent
Orders were unconstitutional and Korematsu should have been
discharged
Justice Frank Mur phy
Most blunt deliverance, feels strongly about subject
“goes over 'the very brink of constitutional power' and falls into the
ugly abyss of racism.”
All Americans are of foreign descent
Justice Owen Roberts
Exclusion is unconstitutional and should reverse the judgment of
conviction
All believed SCOTUS did not have the power to act against the
Executive Order No. 9066
POLITICAL IMPACT
This decision was so controversial because many
Americans saw it as the Supreme Court supporting
racist actions against Japanese-American citizens
Verdict would not stand today because of society’s
current feelings against any sort of prejudice
Case proved the disastrous racism left in America
after the Second World War
One of the most important cases in American history
because of its step towards the large Civil Rights
Movement of the 1950s and 60s
AFTER THE CASE
In 1983, Korematsu and 24 pro-bono lawyers attempted to
get the 1944 decision overturned
Peter Irons found evidence that was disclosed from the
original case
FBI and Naval Intelligence found that Japanese-Americans were
not security risks
On November 10, 1983, Judge Marilyn Hall Patel
overturned his conviction
This overturn did not affect the Supreme Court ruling
Decision still stands, would take a case of similar detail to
challenge the original ruling
Known that if the same issue was brought up today, it would
not stand in court
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