Preview

Korematsu V. US Supreme Court Case Study

Good Essays
Open Document
Open Document
643 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Korematsu V. US Supreme Court Case Study
Korematsu V. United States was a court case during the time of World War II. After the bombing of Pearl Harbor, people of Japanese descent were considered threats. As a result, Franklin Roosevelt issued the Executive Order 9066 on February 19, 1942. This Order demanded that each and every person of Japanese descent be moved to internment camps, regardless of citizenship. Fred Korematsu, a Japanese American citizen, refused to leave his home to go to the internment camp. Therefore, he was convicted of disobeying the law. This landmark court case was deemed unconstitutional due to the violation of Section 1 of the Fourteenth Amendment:
”All persons born or naturalized in the United States… are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law…” (Amendment XIV, Section 1) It was also a violation of the Fifth Amendment which states that “No person shall be deprived of life, liberty, or property, without due process of law,” which was exactly what happened to the Japanese American.
…show more content…
As Justice Frank Murphy stated, “Such exclusion goes over "the very brink of constitutional power," and falls into the ugly abyss of racism.” In Justice Robert Jackson’s dissent, he said, “The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence” defending Korematsu’s rights. This decision favors federal

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Once President Franklin D. Roosevelt announced war against Japan, many Japanese-Americans started to fear for their lives, due to the fact many people assumed, they were partly responsible. Seventy-four days after the bombing, President Roosevelt, issued an executive order No. 9066. This order authorized the Secretary of War to force Japanese-Americans…

    • 249 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Korematsu v. United States (1944) case was an unjustifiable case towards individuals with a particular race, but even though at the moment it seemed like the appropriate action to take for the protection of the people in our country, the action towards this race was completely inappropriate and unconstitutional. During the War of World War II, the president of the United States, Franklin Roosevelt put a float the Executive Order 9066 that targeted individuals from the Pacific Coast of Japanese ancestry both citizens and non-citizens. The order was to get any individual with in the area of the Pacific Coast to report to assembly centers where they were being detained until released by military authorities. Individuals with Japanese ancestry were being imprisoned without any evidence that they were a danger to the country and were deprived from their Constitutional rights. At first the first order was for any individual with Japanese ancestry to stay in their home with a curfew assigned to them, without…

    • 1340 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Korematsu’s Side of the case involved several major arguments following the cases validity. The Violation of Korematsu’s Civil Rights, the violation of Korematsu’s and Others of Japanese ancestry rights guaranteed by the Bill of Rights and the Constitution, and Whether Public law 503 and the Executive Order 9066 where legal and…

    • 2136 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Ap Government Court Cases

    • 6581 Words
    • 27 Pages

    2. President Franklin Roosevelt issued Executive Order #9066 during World War II to force all Americans of Japanese decent to be sent to internment camps because they posed a threat to the United States. Korematsu, a man born on American soil, refused to go to an internment camp because he believed that he was an American citizen, and should be treated as one.…

    • 6581 Words
    • 27 Pages
    Good Essays
  • Good Essays

    Although the Japanese-Americans were citizens of the United States and residences within the country, they did not have equivalent rights during this time in history. “The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country.” Many Japanese-Americans were being treated as if they had been disloyal to the US and even alienated because of how they looked. Also, the freedom to own land was taken from them as well. “The Federal Reserve Banks took charge of property owned by evacuees, while the Farm Security Administration took over the agricultural property.” Owning property is one of the greatest freedoms and American can uphold and as history has shown it can easily be taken away in an instant. Japanese-Americans were forced to sell everything because they were very limited in what they could take with them to the internment…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Good Essays

    December 7, 1941 the United States entered World war II due to the attack of Pearl Harbor, Hawaii by the Empire of Japan. War entrance was not the only result of this vicious attack that devastated Americans. On February 19, 1942 two months after the U.S. declared war on the Axis powers, President Franklin D. Roosevelt signed Executive Order no. 9066. This order gave the United states the right to designate areas from which persons may be excluded. Therefore, this made it legal to detain Japanese Americans who lived in the United States and put them into internment camps. 120,000 ethnic Japanese were relocated to areas inland. The attack on Pearl Harbor left Americans with hysteria and fear, which triggered internment camps of Japanese Americans.…

    • 913 Words
    • 4 Pages
    Good Essays
  • Good Essays

    their ethnicity. That is not what America stands for and we should never approve of…

    • 457 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Executive Order 906 Essay

    • 635 Words
    • 3 Pages

    Executive Order 9066 was put into place on February 19, 1942 by President Franklin Roosevelt which was just as a few months after Japan had attacked America on Pearl Harbor. Executive Order 9066, “...which authorized sending all Americans of Japanese descent to ten makeshift internment camps…”(Roark, Pg.834), was established in order to prevent an internal attack from the Japanese on American soil. Since Roosevelt wanted America secure from the potential risk of Japanese Americans as quickly as possible, the Japanese lost a great deal of their property and with that the majority of their money. Although Roosevelt was ordering Japanese American citizens into internment camps, this was still considered constitutional since…

    • 635 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Fred T. Korematsu

    • 429 Words
    • 2 Pages

    He did minor plastic surgery on his eyes to make him look less chinese. He also changed his name to Clyde Sarah and claimed to be of Spanish and Hawaiian descent. On May 30, 1942, he was arrested and taken to San Francisco county jail. While in jail, he was visited by Ernest Besig, the director of the San Francisco office of the American Civil Liberties Union, who asked Korematsu if he was willing to become the test case to challenge the constitutionality of the government’s imprisonment of Japanese Americans. On September 8, 1942, Korematsu was convicted in federal court for violating the military orders issued under Executive Order 9066. Korematsu and his family were transferred from many camps, and to one of the 10 incarceration camps for Japanese Americans that was set up by the government. Believing the discriminatory conviction went against freedoms guaranteed by the Constitution, Korematsu appealed his case all the way to the U.S. Supreme Court. In its December 1944 landmark decision, the high court ruled against him in a 6 to 3 decision, declaring that the incarceration was not caused by racism, and was justified by the Army’s claims that Japanese Americans were radio-signaling enemy ships from shore and were prone to…

    • 429 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Executive Order 9066

    • 1277 Words
    • 4 Pages

    There are many important details to Executive Order 9066 that should be understood. This order was enacted by President Franklin D. Roosevelt at a time when Americans were feeling very scared and suspicions of not only the country of Japan, but also of any Japanese people living in the US. Starting on December 8th, one day after the bombing, the FBI began investigating Japanese in the US, and especially on the West Coast, to find out if they had helped Japan in any way with their attack. While this must have been a very scary time, this was the first example of the discrimination that happened in the US because Japanese were prevented by law from becoming citizens, so they were therefore…

    • 1277 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Korematsu Essay

    • 670 Words
    • 3 Pages

    Korematsu was born to a Japanese-American family that owned a flower nursery in 1919. After World War II broke out, Japanese living in Pacific states were sent to internment camps. Korematsu refused to go to an internment camp. In 1942 he was arrested and sent to a camp. The U.S. Supreme Court supported his conviction in 1944 on the grounds of military necessity. In 1983, Korematsu appealed his conviction. Later that year a federal court in San Francisco overturned the conviction. In 1988 Congress passed legislation apologizing for the internments and awarded each survivor $20,000. While the American concentration camps never reached the levels of Nazi death camps as far as atrocities are concerned, they remain a dark mark on the nation's record…

    • 670 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A few years later there was a law passed by the government making it possible for an internee to renounce their American citizenship. Of the many Japanese that were kept in…

    • 653 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Supreme Court Case Study

    • 742 Words
    • 3 Pages

    That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…

    • 742 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Japanese Americans were viewed much differently before the war then during and after the war. They were viewed as indifferently for some of the war. But after the Pearl Harbor bombing and the United States entering the war. They were sent to concentration camps that they were required to build themselves and were stripped of everything from identity to property.They were viewed like the Germans viewed the Jews.They tried to make it up to the U.S. by entering the military to show their patriotism and to earn back their citizenship.…

    • 309 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    According the Fourth Amendment, “protection applies only to situations where an individual has a subjective expectation of private that society willingly recognizes as reasonable” (Maras, 2015, p. 84). Thanks to the decision in the Katz v. United States case, the “reasonable expectation of privacy” test is used to established when law enforcement are allowed to conduct a search that does not violate one’s privacy (Maras, 2015). Information that is meant to be private and is contained in technology devices can be protected under the Fourth Amendment because the person’s intentions are to keep the information from the public (Maras, 2015). For example, in the Katz case there was a phone conversation that was admitted as evidence, but later found…

    • 225 Words
    • 1 Page
    Satisfactory Essays