Ed. The government issued this apology due to the Korematsu v the united states case which consisted of The Korematsu attorneys arguing that they broke the 14th amendment. This same order was also applied to residents of the U.S. who were of German or Italian descent; however, it was much worse for the Japanese Americans. 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Indeed, it is frequently cited for its assertion that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect.. (5 points) What prompted the sudden outpouring of racial prejudice against Japanese Americans after the attack on Pearl Harbor? They believed that it was wrong to exclude anyone living in the country. He was excluded because we are at war with the Japanese Empire.because Congress, reposing its confidence in this time of war in our military leadersas inevitably it must determined that they should have the power to do just this. The decision was based off the necessary measures Congress and the Executive must make during war time. Justice Roberts, as the other dissenters believed Korematsu imposed no national threat to the country, and that him posing a threat wasnt a true indicator to his conviction, which makes the conviction ultimately unconstitutional. . Volume 10 Issue 1. Despite the tension existing during the time of Korematsus conviction, after the Pearl Harbor attack, Justice Jackson didnt believe that Congress nor the Executive had the right to deprive Korematsu from his rights. After the attack on Pearl Harbor on December 7, 1941 by Japanese military, Franklin D. Roosevelt issued Executive Order 9066 on February 16, 1942. However, Korematsu was denied this right. People argued that the Japanese aliens in the United States posed as a threat but in reality more than two-thirds of the Japanese who were interned in the spring of 1942 were citizens of the United States (Ross). This was completely unfair and absolutely racist. Korematsu v. the United States (1944) Use the background information and the primary sources in the Graded Assignment: Primary Sources sheet to answer the following questions. Korematsu, however, has been convicted of an act not commonly a crime. which clearly states how Korematsu, being an American citizen, was deprived of his rights based off his ancestry. Although this order never specifically named Japanese Americans, it soon became clear that they would be the only group, Japanese Decries Mass Evacuation; If They Do That to One Group They Can Do It to Others, Citizens Official Says. New York Times, 19 June 1942. Pre-K K 1st 2nd 3rd 4th 5th. . Write a letter to the editor of the Los Angeles Times telling which opinion in the case (majority or dissenting) you support and explain why. 02 May 2016 . How did judges interpret the law in favor of those businessmen who wished to expand at the expense of others?, |Name: Mara Hughes |Date: 2/5/14 |. Thus, like other claims conflicting with the asserted constitutional rights of the individual, the military claim must subject itself to the judicial process of having its reasonableness determined and its conflicts with other interests reconciled. In this situation the benefits of internment camps outweighed the possible negative, Another reason why President Roosevelt in ordering the Executive Order 9066 resulted in the internment of Japanese American citizens would be the evacuation orders that happened Japanese-American communities giving info and directions on how to obey with the newexecutive order. Not only was Justice Murphy in discontent with the lack of constitutional rights granted to Korematsu, but Justice Murphy was upset with the treatment of all Japanese in internment camps. The bombing of Pearl Harbor was a ginormous blow to America because it killed 2,335 people 1,177 were from the USS Arizona., When Franklin Roosevelt issued Executive Order 9066 on February 19, 1942,1 thousands of Japanese-American families were relocated to internment camps in an attempt to suppress supposed espionage and sabotage attempts on the part of the Japanese government. Answer: (2 points) . . He is discriminated against just because of where he comes from, which is unfair and unconstitutional. Justice Robert H. Jackson wrote a dissenting opinion where he expressed sentiments to reverse Korematsus conviction. In response to that attack, Executive Order 9066 put 110,000 Japanese Americans into internment camps. Criminal Law & Procedure Did the Presidential Executive Order 9066 violated habeas corpus? We will email you a plagiarism report alongside your completed paper once done. Irons, Peter, ed., Justice Delayed: The Record of the Japanese American Internment Cases. large groups of citizens from their homes was okay in what situation. Get Your Custom Essay on, Graded Assignment Korematsu v. the United States (1944). (5 points) |Score | | | 1. The U.S. Supreme Court ruled in favor of Korematsus conviction resulting in him going to a Japanese internment camp. Along with the Japanese-Americans, our American soldiers were also interned in Japan, but in harsher conditions and aftermaths. (page 8), C. The agrument that blacks could not become citizens came about in the court case, Daniels, R. (1993). Constitutional Law for a Changing America: Rights, Liberties, and Justice, 9th Edition. Grade. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can., Visiting Professor, Georgetown University Law Center and Senior Fellow at the Brennan Center for Justice, Associate Professor, Sandra Day O'Connor College of Law at Arizona State University. A second executive order was issued on March 18, 1942. Get Your Custom Essay on This article was used to show the opinions of Japanese-Americans who were subject to relocation., With the attack on Pearl Harbor by the Japanese in early December, it caused the United States to dive into war. The Courts decision in Korematsu has been loudly criticized by many civil libertarians at the time and generally condemned by historians ever since. Web. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. Frankfurter believed that the Constitution can be interpreted in a way that Congress and the Executive have special powers to protect and defend the nation from imminent danger, such as war. Laws, n.d. Jan. 2003. In 1983, a federal district court in San Francisco overruled Korematsus conviction. When Reyna begins her writing workshop, her teacher gives the students a specific challenge. Floyd described how he had students of Japanese descent that hid in his apartment, terrified after the event of Pearl Harbor. Min and Louie were sent to these camps to be isolated from the public and the guads tried to dehumanize them. 02 May 2016. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. On December 18, 1944 the U.S. supreme court handed down an Ex-Parte Endo, which the justices unanimously ruled that the U.S. government could not continue to detain a citizen who was concededly loyal to the United States. Executive Order 9066 resulted in the eviction of thousands of Japanese American children, women, and men from restricted areas in the West Coast and held many of them in internment camps in order of preventing the occurrence of war crimes. The order was used to force all Japanese Americans on the west coast of the United States into internment camps. Courtroom Simulation Talking Points Korematsu v. U.S. believe some Japanese Americans would do if they were allowed to remain free on the West Coast? They put forth their position that the order should have been considered as a whole, and the Court should have considered the other contemporaneous orders, all of which, when considered together resulted in the imprisonment of U.S. citizens in what were essentially concentration camps, based only on their race. The U.S. government cannot be exonerated on account of their actions against Japanese Americans who experienced family dysfunction, racism, and disrupted lives, changing their futures forever. The dissenting opinion was that the American government was depriving the Japanese American citizens of their civil liberties and civil rights. As a result, he got arrested and convicted of defying the governments t order. The Japanese-Americans were taken from their homes and put into internments camps all across the United States. Justice Felix Frankfurter wrote a concurring opinion that there is no evidence present in the Constitution that prohibits Congress from implementing valid military orders. The Supreme Court ruled that the evacuation order violated by Korematsu was valid, and it was not necessary to address the constitutional racial discrimination issues in this case. The scope of their discretion must, as a matter of necessity and common sense, be wide. Frankfurter states, To find that the Constitution does not forbid the military measures now complained of does not carry with it approval of that which Congress and the Executive did. . The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation? standing behind the military orders created by Congress and the Executive. 2016. Civilian Exclusion Order No. So why were they the ones punished for it? This went on until 1944, and the last internment camp closed in 1945. Courtroom Simulation Roles and Responsibilities Korematsu v. U.S. A military commander may overstep the bounds of constitutionality, and it is an incident. Answer: (2 points) They did it with the rest of the country in mind. All papers are submitted ahead of time. After Pearl Harbor, many Americans were scared of the Japanese Americans because they could sabotage the U.S. military. One reason was because at the time there was a lot of racism in America. Answer: (5 points) |Score | Course Hero is not sponsored or endorsed by any college or university. The government ordered Korematsu to immediate deportation and internment without telling him the cause of his conviction, informing him of any accusations towards him, and without granting him the right to an impartial trial. What did the dissenting justices think about the power of military authorities? Korematsu then brought forth a petition to take away his conviction due to government misconduct. Answer: (40 points) New York, NY: Hill and Wang., 2. Japanese Americans volunteered for the war, not forced to join, because these camps held no intention of harming these Japanese-Americans in the first place. December 7, 1941; Island Hopping; Women at Work; Korematsu v. United States, 1944; The Holocaust; Propaganda Machine; The "Arsenal of Democracy", and Franklin D. Roosevelt. To distinguish among Japanese Americans who werent proud for Japan and those who were was nearly impossible. On May 30, 1942, about six months after the Japanese attack on Pearl Harbor, the FBI arrested Korematsu for failure to report to a relocation center. The shock generated by the unprovoked attack by the Japanese on Pearl Harbor on December 7, 1941 resulted in many decisions by American government officials that would have enduring consequences. Eventually, Korematsu was caught and detained. Korematsu, however, has been convicted of an act not commonly a crime. which clearly states how Korematsu, being an American citizen, was deprived of his rights based off his ancestry. His dissent is full of examples of how Japanese Americans do not hold a threat to the nation. CJ2300 Assignment 1: Case Brief According to the first paragraph from the excerpts of the majority, opinion, what did the U.S. government believe some Japanese, Americans would do if they were allowed to remain free on the West, 3. On December 8, 1944 the United States supreme court delivered its opinion on the Korematsu case, upholding Korematsus conviction. Prisoners without trial: Japanese Americans in World War II. Conviction affirmed, Dissenting opinion written by: Justice Jackson. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. In accordance with the order, the military transported them to some 26 sites in seven western states, including remote locations in Washington, Idaho, Utah, and Arizona. whom we have no doubt were loyal to this . It was also intended to protect the Japanese-Americans from people with strong anti-Japanese feelings. Was the Executive Order unconstitutional or not? Many of them were in the detention centers for three years. The great majority of these people didnt do anything to deserve the fate they got. He was later captured by the Japanese and sent to a POW camp. Lower court held: Korematsu was convicted of violating an exclusion order by the military. Korematsu felt that his rights were being violated. Many have lost their jobs since they were closed down following the incarceration. Refer to the rubric and scoring instructions on the next page to see how your teacher will grade your assignment. Korematsu was tried in federal court in San Francisco, convicted of violating military orders issued under Executive Order 9066, given five years on probation, and sent to an Assembly Center in San Bruno, CA. How was it different? Graded Assignment Graded Assignment Korematsu v. the United States (1944) Use the background information and the primary sources in the Graded Assignment: Primary Sources sheet to answer the following questions. Web. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. . However, there was an exception for the Japanese-Americans to get out of the Camps and it was by volunteering for the war. In 1944, the U.S. Supreme Court ruled against Korematsu and backed the government's action in Korematsu v. United States, a decision that historians and legal experts alike have since argued was . This approved the relocation for all people of Japanese ancestry. Imagine you are living in Los Angeles in 1944 and have just read about the case of Korematsu v. the United States. We are happy to assist you in case of any adjustments needed. In 1988, any survivors of the Japanese Internment were awarded $20,000. It is said that we are dealing here with the case of imprisonment of a citizen in a concentration camp solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. Majority opinion written by: Justice Black. Answer: (2 points) 2. Free shipping for many products! Majority: Conviction affirmed. In his Argument Korematsu was not excluded because of race or hostility; He was excluded because the United States was at war with japan and there was a fear of invasion along the west coast. Because the order applied only to people who were Japanese or of Japanese descent, it was subject to the most rigid scrutiny. The majority found that although the exclusion of citizens from their homes is generally an impermissible use of government authority, there is an exception where there is grave [ ] imminent danger to the public safety as long as there is a definition and close relationship between the governments actions and the prevention against espionage and sabotage. The final reason was that the Americans were afraid that the Japanese Americans would take all of the production and money that came out of farming.The final reason was the bombing of Pearl Harbor. Justice Murphy found no justification for Korematsus conviction and immediately believed that his conviction should have been reversed. On May 3, 1942 Fred Korematsu was issued the Exclusion Order Number 34. This case ruling has been regarded as one of the worst Supreme Court decisions made by many historians due to the lack of civil rights granted to Korematsu. 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