What was the Constitutional Issue? Korematsu v. U.S.A?
I can't seem to find the answer in my notes can you help me??
- Anonymous10 years agoFavorite Answer
Korematsu v. United States, 323 U.S. 214 (1944), was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II.
In a 6-3 decision, the Court sided with the government, 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.")
Former Supreme Court Justice Tom C. Clark, who represented the U.S. Department of Justice in the "relocation," writes in the Epilogue to the book Executive Order 9066: The Internment of 110,000 Japanese Americans (written by Maisie and Richard Conrat).The truth is, the writ of habeas corpus shall not be suspended, and despite the Fifth Amendment's command that no person shall be deprived of life, liberty or property without due process of law, both of these constitutional safeguards were denied by military action under Executive Order 9066.
The decision in Korematsu v. United States has been very controversial. 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 United States 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 effect on the Supreme Court's decision.
The Korematsu decision has not been explicitly overturned, but remains 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 handful of cases in which the Court held that the government met that standard.Source(s): Executive Order 9066; the internment of 110,000 Japanese Americans, with an introduction by Edison Uno and an epilogue by Tom C. Clark. Photographs by Dorothea Lange and others. by Maisie and Richard Conrat (1972)
- AnneLv 44 years ago
Gun Rights seem to be a big issue at the moment