In 1943 the cases Yasui v. United States and Hirabayashi v. United States the Supreme Court decided that curfews specifically targeting ethnic groups were constitutional when the nation was at war with the other nation from which the minorities originated. The case was important because it confirmed the government's power in restricting the freedoms of minority groups. Despite the obvious flaws in the presumed constitutionality of these laws, they were still confirmed by overwhelming Supreme Court decisions in favor of continuing the internment.
The most important Supreme Court decisions came in 1944. Ex parte Endo and Korematsu v. United States were both decided in 1944 on December 18th. In Korematsu v. United States the Supreme Court decided that it was not unconstitutional to exclude people of Japanese descent from the West Coast. However, in Ex parte Endo the Supreme Court did rule that citizens whose loyalty was not in question (i.e. most of those interned by the United States government) was unconsitutional. Therefore, Ex parte Endo was the case that would lead most directly to the end of Japanese internment. However, Korematsu v. United States is an equally important and interesting case.
The Korematsu v. United States decision basically decided that the government's need to prevent against sabotage and espionage by foreign agents was more important and had a greater priority than protecting minority rights. The Supreme Court ostensibly decided that the ethnic minority was not excluded from the area due to race or other hostility but instead because of the war with Japan and the decisions made by the government, it was necessary for the continued safety of the country. This decision highlighted the conflict between the constitutional rights of United States citizens during wartime, and the supposed "military necessity" of protecting the United States and its citizens against foreign espionage.
Korematsu vs. United States
- Length: 559 words (1.6 double-spaced pages)
- Rating: Excellent
Fred Korematsu was born in the U.S. in 1919. His parents were born in Japan. Since he was born in the U.S. he was a citizen. He grew up like a normal kid in California. As he grew up, his life was normal, until the attack on Pearl Harbor on December 7, 1942.
After the bombing of Pearl Harbor, Japanese Americans were regarded as a threat to the U.S. President Roosevelt issued Executive Order 9066, also know as the Exclusion Order. This Order stated that any descendents or immigrants from enemy nations who might be a threat to U.S. security will report to assembly centers for Internment. There were no trials or hearings. They were forced to evacuate and many lost their homes and their businesses. Fred Korematsu refused to go. He was a U.S. citizen. Fred Korematsu was grabbed by police, handcuffed, and taken to jail. His crime -- defying President Franklin Roosevelt's order that American citizens of Japanese descent report to internment camps
This action violated Korematsu’s basic constitutional rights. The fourth amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." The government’s actions clearly stepped over the boundaries of the constitution. As a U.S. citizen he should not have been pushed around like that. Korematsu decided to take his case to the court.
Korematsu’s case first went to regional court. After being turned down there, he then went to the court of appeals. Being turned down there also, his lawyer appealed to the Supreme Court while he was held in the relocation camp. The Supreme Court decided to take his case, but then made the wrong worst decision ever. They decided to uphold the other courts’ decisions by a vote of six to three. Korematsu lost his case. After the war ended, the internment haunted the nation's conscience as well. In 1948 Congress took the first step in making amends, enacting the Japanese American Evacuation Claims Act to provide some monetary compensation to those who had lost homes and businesses because of the order. In 1980, Congress again opened the internment issue, and this time a stream of witnesses testified, many of them for the first time, of the hardships and psychological trauma they had suffered.
How to Cite this Page
|Essay on Korematsu v. United States - Korematsu v. United States Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on Americans including; torturing, raping, and murdering was an excuse for Americans aversion towards the Japanese.... [tags: Papers]||836 words|
| Violating Citzens' Rights in Fred Korematsu versus the United States Essay - The case of Fred Korematsu versus the United States involves violating a citizens rights when national security is at risk. Though this case reached the Supreme Court nearly seventy years ago, some aspects might be relevant today with the current War of Terror. The grounds for the case began on February nineteenth in 1942. President Roosevelt gave the power to ban or remove American citizens that were of Japanese descent from areas of the country that were determined to be crucial to national security.... [tags: supreme court, civil liberties, japanese]|
:: 1 Works Cited
|Korematsu vs. United States Essay examples - Fred Korematsu was born in the U.S. in 1919. His parents were born in Japan. Since he was born in the U.S. he was a citizen. He grew up like a normal kid in California. As he grew up, his life was normal, until the attack on Pearl Harbor on December 7, 1942. After the bombing of Pearl Harbor, Japanese Americans were regarded as a threat to the U.S. President Roosevelt issued Executive Order 9066, also know as the Exclusion Order. This Order stated that any descendents or immigrants from enemy nations who might be a threat to U.S.... [tags: essays research papers]||559 words|
|Essay on The story of Korematsu - December 7, 1941 was a “date which will live in infamy” according to then President Franklin D. Roosevelt. History has proved him right. The surprise attack on the Naval Base at Pearl Harbor killed over 2,000 people and also destroyed valuable U.S. resources. The next day in front of a Joint Session of Congress, FDR gave his historical “Infamy” speech, and Congress promptly declared war on Japan. This attack completely removed support for the “isolationist” and “neutrality” movements, and not long after the other Axis Powers Italy and Germany had declared War on the United States.... [tags: UNited States, Case, Supreme Court]||1305 words|
|Korematsu v. U.S. Essays - KOREMATSU v U.S. 323 U.S. 214 (1944) Perhaps, according to Bernard Schwartz, the greatest failure of American law during World War II may be illustrated by the case of Fred Toyosaburo Korematsu. As graphically described in 1944 by a member of the bench, his case is one that is unique in our system: Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country.... [tags: essays research papers]||1325 words|
| Essay about Constitutional Rights during a State of Emergency - Background: The design structure of the United States (US) Government works at its peak during times of peace. (Dean NP) During such stints there is time for the review and debate with the common man’s best interest at the core. James Madison, clearly stated in the Bill of Rights, “The rights of the people to be secured in their persons, their houses, their papers, and their property from all unreasonable searches and seizures shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing places to be searched, or the person or things to be seized.” (Madison NP) In addition, he stated, “In all criminal prosecutions, the accus... [tags: United States Government, design]|
:: 16 Works Cited
|The United States' Treatment of Japanese Americans During World War II Essay - On February 19, 1942, President Roosevelt signed the Executive Order 9066 allowing the military to exclude “any and all persons” from designated areas of the country as needed for national defense. These “any and all persons” were Japanese Americans, 2/3 citizens and 1/3 aliens, and the designated area was the West Coast of the United States. The Executive Order to place the Japanese living in the United States into internment camps was deemed necessary due to the recent attack on Pearl Harbor, December 7, 1941, by Japan.... [tags: U.S. History]||1201 words|
|The United States' Greatest Fears Essay - The United States of America is a country that is democratic and possesses an extreme amount of power that makes it very authoritative and influential. It is a country used to being at the top, never below in supremacy. The U.S. fears communism, loosing Israel’s support, and the unification of countries in the Middle East. The United States fears equality among its community and therefore does not agree or like communism. For America, the idea of the distribution of the wealth of the people by the government equally is impossible.... [tags: United States]||927 words|
| United States Foreign Policy Essay - The counterfactual that I will be engaging addresses what would have occurred if Saddam Hussein would not have invaded the small country of Kuwait. The United States foreign policy has been shaped by the timeline of the invasion of Kuwait. This counterfactual, using this introductory timeline, will then present information on theories for the United States sanction of establishing the coalition forces and how this would have affected the character of responsible countries. The counterfactual will initially cover a brief history of what led to the invasion of Kuwait and the justification that Saddam used, leading into the involvement of the United States in forcing Saddam to withdraw.... [tags: Saddam Hussein, United States]|
:: 9 Works Cited
|United States vs Microsoft Essay - “United States v. Microsoft was a court case filed against Microsoft Corporation on May 18, 1998 by the United States Department of Justice and twenty U.S. states. The plaintiff’s alleged that Microsoft abused monopoly power in its handling of operating system sales and web browser sales”. (Wikipedia 1) Basically this means that Microsoft Corporation was accused of forming a monopoly against all other software corporations because Microsoft was selling its computers with Internet Explorer already installed on it.... [tags: United States v. Microsoft]||628 words|
United States President Roosevelt Executive Order Fourth Amendment Japanese Americans Constitutional Rights American Citizens Internment Camps Franklin Roosevelt Supreme Court
The result was a report that condemned the removal as unjustified by military necessity, and also concluded that the Supreme Court decisions had been "overruled in the court of history."
This case showed how over time opinions change and how at one point some people had a better view of what this country was made for than others. In 1998 President Clinton presented the Presidential Medal of Freedom to Korematsu. "In the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls," Clinton said as he presented the Bay Area man with the Presidential Medal of Freedom. "Plessy, Brown, Parks," Clinton said, recalling the names of civil rights pioneers, "to that distinguished list, today we add the name of Fred Korematsu." Korematsu was finally pleased that after all these years he was right after all.