Korematsu V. United States

Korematsu v. United States

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​Background

• ​1920's Chinese Exclusion Act

• Small Japanese immigration to USA. (Hawaii, West Coast)

• Over 200,000 in USA by 1930's

• Japan invades China, Korea, and most of Southeast Asia

• Pearl Harbor December 7, 1941

• 2400 Americans dead and launches USA into WW2.

• Resentment toward Japanese and Japanese Americans grows

​Alleged Spies

• ​The Niʻihau incident occurred on December 7–13, 1941, when Japanese pilot Shigenori Nishikaichi crashed on the island after participating in the attack on Pearl Harbor.

• Other Japanese were later to be spies and helped gather intel on the attack

• Over 99.9 percent of Japanese living were not spies and had NOTHING to do with Pearl Harbor.

​What Happened Next?

• ​February 19, 1942- President Roosevelt issued Executive Order 9066, allowing the military to ban people of Japanese ancestry from certain areas.  

• The military  then released an order which banned Japanese Americans in an  area that stretched from Washington state to southern Arizona

• Internment camps were then set up

• Fred Korematsu, a Japanese American found the internment policy to be unconstitutional and refused to leave his home.

• He was duly convicted, he appealed his case, and it was then sent to the Supreme Court

​Constitutional Crisis

​Direct violation of the 14th Amendment “...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

• Citizens were taken to internment camps without a trial

• Violation of 5th Amendment

-Government was abusing its authority

• Following military law 

• -According to military law, the needs of the country as a whole outweighs the right of individuals who are seen as a threat to the country.

• This took place during WW1 also, Espionage Act

• After 9/11: Patriot Act
  

​Majority Opinion

​Majority opinion stated that Korematsu violated a congressional act by refusing to relocate.  6-3 against Korematsu

• Restrictions of citizens as a result of race was not found to be unconstitutional and as a result, Korematsu did not have a case.

Concurring opinion-Frankfurter

• The validity of action under the war power must be fully judged in the context of war

• There is no place in the constitution that denies congress the power to enforce a military order

​Outcome and Legacy

• Japanese Americans signed up to fight in Europe during WW2 even though they were discriminated against.

• 442nd Regimental combat team: Segregated all Japanese 2nd generation group who fought in Europe and was one of the most highly decorated units of the war.

• One 1948 law provided reimbursement for property losses incurred by interned Japanese-Americans. In 1988, Congress awarded restitution payments of $20,000 to each survivor of the 10 camps. As part of the Civil Liberties Act of 1988, Congress apologized "on behalf of the people of the United States for the evacuation, relocation, and internment of such citizens and permanent resident aliens." President Bill Clinton awarded the Presidential Medal of Freedom to Korematsu in 1998.

Multiple Choice

What was the controversial policy carried out by the United States government during World War II?

• Forced relocation and imprisonment of Japanese Americans

• Forced relocation and imprisonment of British Americans

• Forced relocation and imprisonment of German Americans

• Forced relocation and imprisonment of Italian Americans

Multiple Choice

Who signed Executive Order 9066 authorizing the military to designate certain areas as military zones and exclude anyone based on their ancestry?

• John F. Kennedy

• Franklin D. Roosevelt

• Harry S. Truman

• Dwight D. Eisenhower

Multiple Choice

How many Japanese Americans were forcibly relocated and interned during World War II?

• Over 200,000

• Over 150,000

• Over 120,000

• Over 80,000