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Korematsu v. United States?
What is the historical significance of this case?
3 Answers
- Anonymous1 decade agoFavorite Answer
Korematsu v. United States, 323 U.S. 214 (1944)[1], was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which required Japanese-Americans in the western United States to be excluded from a described West Coast military area.
In a 6-3 decision, the Court sided with the government,[2] ruling that the exclusion order was constitutional. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Fred Korematsu's individual rights, and the rights of Americans of Japanese descent. (The Court limited its decision to the validity of the exclusion orders, adding, "The provisions of other orders requiring persons of Japanese ancestry to report to assembly centers and providing for the detention of such persons in assembly and relocation centers were separate, and their validity is not in issue in this proceeding.")
- 1 decade ago
Korematsu was a Japanese American who was forced to move from his home during World War II. The Supreme Court heard the case to determine if the president violated his war powers granted to him in the Constitution. The Supreme Court ruled in favor of the president even though the the exclusionary rule was suspect, it was justified in a time of "emergency and peril."
This decisions impact can be seen with the orders made during the last presidency's term with the orders of the Military Commission Act which allowed for detainees to be held without the right of a trial.
Hope this helps.