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    Korematsu V. United States DECEMBER 18, 1944 323 U.S. 214 Justice Black Facts

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    Jesa Formaran
    The Supreme Court upheld Fred Korematsu's conviction for violating an exclusion order during World War II that required people of Japanese ancestry to leave the West Coast. The order was issued by President Roosevelt and based on concerns about espionage and sabotage after the attack on Pearl Harbor. While the exclusion deprived Korematsu of his home, the Court found it did not violate his equal protection rights, as the military authorities saw curfew as inadequate and exclusion as necessary to prevent espionage and sabotage due to the grave threat. The Court acknowledged exclusion burdened citizens' rights but found the government's war powers allowed protection measures commensurate with the danger when national security was threatened.

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    Korematsu V. United States DECEMBER 18, 1944 323 U.S. 214 Justice Black Facts

    Uploaded by

    Jesa Formaran
    80 views2 pages
    The Supreme Court upheld Fred Korematsu's conviction for violating an exclusion order during World War II that required people of Japanese ancestry to leave the West Coast. The order was issued by President Roosevelt and based on concerns about espionage and sabotage after the attack on Pearl Harbor. While the exclusion deprived Korematsu of his home, the Court found it did not violate his equal protection rights, as the military authorities saw curfew as inadequate and exclusion as necessary to prevent espionage and sabotage due to the grave threat. The Court acknowledged exclusion burdened citizens' rights but found the government's war powers allowed protection measures commensurate with the danger when national security was threatened.

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    EP.3.-Korematsu-v.-United-States

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    The Supreme Court upheld Fred Korematsu's conviction for violating an exclusion order during World War II that required people of Japanese ancestry to leave the West Coast. The order was issued by President Roosevelt and based on concerns about espionage and sabotage after the attack on Pearl Harbor. While the exclusion deprived Korematsu of his home, the Court found it did not violate his equal protection rights, as the military authorities saw curfew as inadequate and exclusion as necessary to prevent espionage and sabotage due to the grave threat. The Court acknowledged exclusion burdened citizens' rights but found the government's war powers allowed protection measures commensurate with the danger when national security was threatened.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    80 views2 pages

    Korematsu V. United States DECEMBER 18, 1944 323 U.S. 214 Justice Black Facts

    Uploaded by

    Jesa Formaran
    The Supreme Court upheld Fred Korematsu's conviction for violating an exclusion order during World War II that required people of Japanese ancestry to leave the West Coast. The order was issued by President Roosevelt and based on concerns about espionage and sabotage after the attack on Pearl Harbor. While the exclusion deprived Korematsu of his home, the Court found it did not violate his equal protection rights, as the military authorities saw curfew as inadequate and exclusion as necessary to prevent espionage and sabotage due to the grave threat. The Court acknowledged exclusion burdened citizens' rights but found the government's war powers allowed protection measures commensurate with the danger when national security was threatened.

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    © All Rights Reserved
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    KOREMATSU V.

    UNITED STATES
    DECEMBER 18, 1944
    323 U.S. 214
    JUSTICE BLACK

    FACTS

    In the wake of the Japanese attack on Pearl Harbor and the report of the First Roberts
    Commission, President Franklin D. Roosevelt issued Executive Order 9066, authorizing the War
    Department to create military areas from which any or all Americans might be excluded, and to
    provide for the necessary transport, lodging, and feeding of persons displaced from such areas.
    On March 2, 1942, the U.S. Army Lieutenant General John L. DeWitt, commander of
    the Western Defense Command, issued Public Proclamation No. 1, demarcating western military
    areas and the exclusion zones therein, and directing any "Japanese, German, or Italian aliens"
    and any person of Japanese descent to inform the U.S. Postal Service of any changes of
    residence. Further military areas and zones were demarcated in Public Proclamation No. 2.

    Fred Korematsu, a 23-year-old Japanese-American, decided to stay at his residence in San


    Leandro, California, instead of obeying the order to relocate. He knowingly violated Civilian
    Exclusion Order No. 34 of the U.S. Army, of which were substantially based upon Executive
    Order No. 9066. One of the series of orders and proclamations, a curfew order, which, like the
    exclusion order here, was promulgated pursuant to Executive Order 9066, subjected all persons
    of Japanese ancestry in prescribed West Coast military areas to remain in their residences from 8
    p.m. to 6 a.m. As is the case with the exclusion order here, that prior curfew order was designed
    as a "protection against espionage and against sabotage.

    Korematsu argued that Executive Order 9066 was unconstitutional and that it violated the Fifth
    Amendment to the United States Constitution. The Fifth Amendment was selected over
    the Fourteenth Amendment due to the lack of federal protections in the Fourteenth Amendment.
    He was arrested and convicted. No question was raised as to Korematsu's loyalty to the United
    States. The Court of Appeals for the Ninth Circuit eventually affirmed his conviction, and the
    Supreme Court granted certiorari.

    ISSUE & RULING

    WAS THE EXCLUSION ORDER A VIOLATION OF PETITIONER’S RIGHT TO


    EQUAL PROTECTION OF THE LAWS

    The exclusion of those of Japanese ancestry from the West Coast war area at the time the
    executive order was issued did not violate petitioner’s right to equal protection of the laws. True,
    exclusion from the area in which one's home is located is a far greater deprivation than constant
    confinement to the home from 8 p.m. to 6 a.m. Nothing short of apprehension by the proper
    military authorities of the gravest imminent danger to the public safety can constitutionally
    justify either. But exclusion from a threatened area, no less than curfew, has a definite and close
    relationship to the prevention of espionage and sabotage. The military authorities, charged with
    the primary responsibility of defending our shores, concluded that curfew provided inadequate
    protection and ordered exclusion.

    Citizenship has its responsibilities, as well as its privileges, and, in time of war, the burden is
    always heavier. Compulsory exclusion of large groups of citizens from their homes, except under
    circumstances of direst emergency and peril, is inconsistent with our basic governmental
    institutions. But when, under conditions of modern warfare, our shores are threatened by hostile
    forces, the power to protect must be commensurate with the threatened danger.

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