What are the origins, rulings and arguments for and against Korematsu vs.Supreme Court?
Im having trouble finding this information. ANy history buffs are welcomed.
nice long ones will earn 10 pts.
- MuttLv 71 decade agoFavorite Answer
Do you mean Korematsu v. United States?
On May 19, 1942, during World War II, western Japanese Americans were compelled 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).
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. Fred Korematsu argued that the Executive Order 9066 was unconstitutional and that it violated the Fifth Amendment to the United States Constitution. 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.
The decision of the case, 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 leaders — as inevitably it must — determined that they should have the power to do just this."
At that time, eight of the nine Supreme Court Justices had been appointed by Democrat Franklin D. Roosevelt. The only Republican appointed Justice on the Court was Owen Roberts who dissented against Japanese American internment camps.Source(s): http://en.wikipedia.org/wiki/Korematsu_v._United_S... http://en.wikipedia.org/wiki/Executive_Order_9066
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