Supreme Court of the United States

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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.

(2 points)

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1. What did Fred T. Korematsu do that resulted in his arrest and conviction?

Answer: After Pearl Harbor, FDR issued Executive Order 9066, which said that all Japanese Americans were to be put into internment camps. Instead of following this, he became a fugitive. His conviction for disobeying that order led to a test of the order's legality before the United States Supreme Court in Korematsu v. United States.

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2. 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 Coast?

Answer: They thought they would try to help the Japanese by spying on the United States and giving the Japanese information.

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3. The majority of the court believed that compulsory exclusion of large groups of citizens from their homes was okay in what situation?

Answer: In the state of war.

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4. What did the dissenting justices think about the power of military authorities?

Answer: They did not approve. 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.

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5. The dissenting opinion raises the fact that...