The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation? Regardless of the true nature of the assembly and relocation centersand we deem it unjustifiable to call them concentration camps with all the ugly connotations that term implieswe are dealing specifically with nothing but an exclusion order. . The majority of the court believed that compulsory exclusion of. 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. One reason was because at the time there was a lot of racism in America. He refused to go to the government's internment camps for Japanese Americans in 1942, when he was 23 years old. 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. A Bankruptcy or Magistrate Judge? The government ordered Korematsu to immediate deportation and internment without telling him the cause of his conviction, informing him of any accusations towards him, and without granting him the right to an impartial trial. The scores for Organization and Spelling, Punctuation, and Grammar are not weighted. Fred Korematsu, 23, was a Japanese-American citizen who did not comply with the order to leave his home and job, despite the fact that his parents had abandoned their home and their flower-nursery business in preparation for reporting to a camp. If you were a Japanese-American internee, then defying military orders could earn you a fine of $5,000 and a year in prison. I find it unfavorable that the ruling would support an act of exclusion of some citizens and asking them to go to unconducive camps. This also led to the death of many of the people in these camps. was made a crime only if his parents were of Japanese birth. 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. Graded Assignment Korematsu v. the United States (1944) 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. Korematsu was tried in federal court in San Francisco, convicted of violating military orders issued under Executive Order 9066, given five years on probation, and sent to an Assembly Center in San Bruno, CA. The Fifth Amendments due process clause protects individuals on the federal level. After Pearl Harbor, many Americans were scared of the Japanese Americans because they could sabotage the U.S. military. Copyright 2023 IPL.org All rights reserved. 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. 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. 02 May 2016. He compared the exclusion order to the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy. 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. Even when America let the Japanese Americans fight, the rest of the camp and their lives were safe from warfare. Then again we must keep in mind that this action occurred because the United States felt like there was spies among us. 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. Consequently, Korematsu was then arrested on May 30 and taken to Tanforan Relocation Center. Middletown, CT: Wesleyan University Press, 1989, 83., I chose the landmark case of Korematsu v. United States for this research paper. History Matters, n.d. The evacuees were sent to the Manzanar War relocation center. Korematsu was convicted for disobeying this executive order. Korematsu v. United States: A Constant Caution a Time of Crisis. Asian American Law Journal. Graded Assignment 214 Opinion of the Court. Instantiating the law and its dissents in Korematsu v. United States: A dramatistic analysis of judicial discourse. Quarterly Journal of Speech, 87:1, 1-24. (2 points) Both liberal and. 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. 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. This was brought up in 1944 by the Korematsu v. United States case. Minami, Dale, Serrano K. Susan. Fill in the order form and provide all details of your assignment. 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. Only people of japanese descent were to check into assembly centers. After. However, there was an exception for the Japanese-Americans to get out of the Camps and it was by volunteering for the war. That act was, of course, the catalyst that forced the United States to enter World War II. 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. Conviction upheld. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. Explore our new 15-unit high school curriculum. 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. Once your paper is ready, we will email it to you. 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). Epstein, Lee and Thomas G. Walker. 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. All our papers are original and written from scratch. The Military justified their actions for these internment camps by claiming that there was a danger of those Japanese descent spying for their country. 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. [A]ll legal restrictions which curtail the civil rights of a single racial group are immediately suspect. . When Executive order 9066 was signed by Franklin D. Roosevelt all Japanese American were forced to evacuate all throughout the west coast. For many years the Japanese had dominated the agriculturally fertile valleys of California, causing much resentment for the local farmers, many going as far as saying the should be deported after the war. 02 May2016, Korematsu v. United States. Oyez. We cannotby availing ourselves of the calm perspective of hindsightnow say that at that time these actions were unjustified. How does the author's, In which of the following cases did the Supreme Court reverse one of its earlier rulings? Justice Frank Murphy wrote a dissenting opinion remembered most by historians due to the passionate use of the racism. Another reason for Japanese-Internment was that the Japanese as a country had bombed Pearl Harbor. Without a reference/bibliography page, any academic paper is incomplete and doesnt qualify for grading. This research paper considers specifically the Crystal City camp. (Executive, Fred Korematsu was the change the Japanese community, but it was not all sun shines and dandelions the whole time. (2 points) 1. This order was seen in two ways. 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 had not once done anything to earn the distrust bestowed upon them by the government. This is since they were taken from their homes and their business closed down. In this situation the benefits of internment camps outweighed the possible negative, Another reason why President Roosevelt in ordering the Executive Order 9066 resulted in the internment of Japanese American citizens would be the evacuation orders that happened Japanese-American communities giving info and directions on how to obey with the newexecutive order. When that is not enough, we have a free enquiry service. 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. Approximately 60% of the people that were relocated were U.S citizens with Japanese ancestry. American History, 09 Apr. 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. Students will understand the major events related to the internment of Japanese Americans during World War II. 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 |. 9066. he was sentenced to Topaz, Utah to a five year probation along other Japanese Americans. 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. Prisoners without trial: Japanese Americans in World War II. Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. About 10 weeks after the U.S. entered World War II, President Franklin D. Roosevelt on February 19, 1942 signed Executive Order 9066. 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. Refer to the rubric and scoring instructions on the next page to see how your teacher will grade your assignment. What were those lessons? As a result, he got arrested and convicted of defying the governments t order. What prompted the sudden outpouring of racial prejudice against Japanese Americans after the attack on Pearl Harbor? 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.. Thus, Korematsu believed his Six Amendment rights were violated as well. The nation's wartime security concerns, he contended, were not adequate to strip Korematsu and the other internees of their constitutionally protected civil rights. He refused to go to the government's internment camps for Japanese Americans in 1942, when he was 23 years old. large groups of citizens from their homes was okay in what situation. That there should be limits to military action when martial law has not been declared. (2 points) 1. It was also intended to protect the Japanese-Americans from people with strong anti-Japanese feelings. Justice Black has been criticized for defending his opinion that the internment of Japanese was not unconstitutional because it served a pressing public necessity. Fred T. Korematsu was a hero of the civil rights movement in the United States. However, it has been argued that there were conflicting portions of Executive Order 9066. It is also manifest that Korematsu was convicted of an act that is not commonly a crime. . Lower court held: Korematsu was convicted of violating an exclusion order by the military. Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. Two of those people that were sent to camps were Louie Zamperini and Min Okubo. How did this case connect with the Hirabayashi case? Although this order was seen by some as irrational, it gave many citizens a peace of mind in regard to the war coming to their home. Facts and Case Summary Korematsu v. U.S. Executive Order No. There it has a generative power of its own, and all that it creates will be in its own image. The U.S. Supreme Court ruled in favor of Korematsus conviction resulting in him going to a Japanese internment camp. Did the U.S. government and President Franklin D. Roosevelt make the right decision when they signed Executive Order 9066? This executive order created the War Relocation Authority. 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, 3. Korematsu didnt escape the Executive Order 9066 when he refused to leave his home in San Leandro, California violating Exclusion Order Number 34. Korematsu was treated as a criminal, which affected his appearance towards others, and difficulty attaining employment. Floyd described how he had students of Japanese descent that hid in his apartment, terrified after the event of Pearl Harbor. Min Okubo was sent to a camp in America because she was seen a threat to America because of Mins Japanese heritage. We work around the clock to see best customer experience. At one point Korematsu must have felt disconnected not just from the United States, but even his own people, his own community (Japanese). He was excluded because we are at war with the Japanese Empire, because the properly constituted military authorities feared an invasion of our West Coast and felt constrained to take proper security measures, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily, and finally, because Congress, reposing its confidence in this time of war in our military leadersas inevitably it mustdetermined that they should have the power to do just this. 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. That is not to say that all such restrictions are unconstitutional. 02 May 2016. The Courts decision in Korematsu has been loudly criticized by many civil libertarians at the time and generally condemned by historians ever since. Did Congress go beyond its power by issuing an exclusion that deprived Japanese American of their rights? The US government believed that the Japanese Americans would at some point turn on them. The decision of the case written by justice Hugo Black, was related to a case in the previous year Hirabayashi v. United States. 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. 3 Apr. Many have lost their jobs since they were closed down following the incarceration. The official reports, including those from the FBI under J. Edgar Hoover, were not presented in court. Web. Answer: He refused to report to a Japanese internment camp in California after Pearl Harbor. But if we review and approve, that passing incident becomes the doctrine of the Constitution. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 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. 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 -. While reading Farewell to Manzanar by Jeanne Wakatsuki and Unbroken by Laura Hillenbrand, these points are obvious. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. They did it with the rest of the country in mind. 80 min. They were then kept in camps and were unable to return. 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