Anonymous
Anonymous asked in Arts & HumanitiesHistory · 1 decade ago

need some interesting facts about korematsu vs US?

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  • 1 decade ago
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    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.")

    The decision in Korematsu v. United States has been very controversial.[2] Indeed, Korematsu's conviction for evading internment was overturned on November 10, 1983, after Korematsu challenged the earlier decision by filing for a writ of coram nobis. In a ruling by Judge Marilyn Hall Patel, the Federal District Court for the Northern District of California granted the writ (that is, it voided Korematsu's original conviction) because in Korematsu's original case, the government had knowingly submitted false information to the Supreme Court that had a material impact on the Supreme Court's decision.

    The Korematsu decision has not been explicitly overturned. Indeed, the Korematsu ruling is significant both for being the first instance of the Supreme Court applying the strict scrutiny standard to racial discrimination by the government and for being one of only a tiny handful of cases in which the Court held that the government met that standard.On May 19, 1942, during World War II, western Japanese Americans were forced to move into relocation camps by Civilian Restrictive Order No. 1, 8 Fed. Reg. 982. This order, and other similar orders, were based upon Executive Order 9066 (February 19, 1942), which was specifically whose loyalty was acknowledged to its procedures.

    Fred Korematsu was a U.S.-born Japanese American man who decided to stay in San Leandro, California and knowingly violate Civilian Exclusion Order No. 34 of the U.S. Army. He was arrested and convicted. No question was raised as to Korematsu's loyalty to the United States. The Circuit Court of Appeals affirmed the conviction, and the Supreme Court granted certiorari.

    [edit] Decision

    Written by Justice Hugo Black, found the case largely indistinguishable from the previous year's Hirabayashi v. United States decision, and rested largely on the same principle: deference to Congress and the military authorities, particularly in light of the uncertainty following Pearl Harbor. Justice Black further denied that the case had anything to do with racial prejudice:

    “ Korematsu was not excluded from the Military Area because of hostility to him or his race. 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 people — as inevitably it must — determined that they should have the power to do just this. ”

    [edit] Murphy's dissent

    Justice Frank Murphy issued a vehement dissent, saying that the exclusion of Japanese "falls into the ugly abyss of racism," and comparing the rationale for the Japanese exclusion to that supporting "the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy" — that is the Racial policy of Nazi Germany. He also compared the treatment of Japanese Americans, on the one hand, with persons of German and Italian ancestry, on the other, as evidence that race, rather than the emergency alone, led to the exclusion order which Korematsu was convicted of violating. In his passionate closing paragraph, he wrote:

    “ I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. All residents of this nation are kin in some way by blood or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. They must, accordingly, be treated at all times as the heirs of the American experiment, and as ent

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  • 4 years ago

    Your statistics sound like pot of homecooked BS. I'm an HP, have been for a very long time. But I'm really getting sick of reading this rants and bashes from Harry Potter fans against Twilighters. These two series are not related at all. Why are they even being compared? I've not read twilight but i'm pretty sure they aren't any wizards in that story. And who cares if you don't like Twilight? People have different opinions and different tastes. So keeping reading HP and leave Twilight to Twilighters. Then maybe this dumb fued will die out.

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