Korematsu V Us

Satisfactory Essays
Ryan McCulley
Korematsu v. United States, 323 U.S. 214 (1944)
During World War II, shortly after the attack on Pearl Harbor, President Franklin D. Roosevelt passed Executive Order 9066 which allowed the Secretary of War to declare certain areas as "military zones" and gave the military power over the attorney general. These newly declared military zones were made in the western US and were areas "from which any or all persons could be excluded". Although the document does not specify any races or ethnic groups, later orders issued that all people of Japanese decent (even American citizens) were excluded from these military zones that included all of California, Oregon, Washington and Hawaii. The Japanese in these areas were forced to evacuate to Internment Camps; where they could only bring what they could carry with them and where they would stay until further notice. Fred Korematsu was a Japanese-American citizen (American born) who decided to stay at his home in California during this time and was arrested for the violation of Civilian Exclusion Order No. 34. Korematsu challenged his arrest and the case was taken to the Supreme Court, where it was questioned if Executive Order 9066 violated Korematsu's 14th and 5th amendment rights (right to equal protection under the law and life, liberty, and pursuit of happiness). The court also questioned if Korematsu's constitutional rights were allowed to be violated due to the special circumstances of war. In a 6-3 decision, the Supreme Court sided with the government by ruling that the government was permitted to deny the Japanese of their constitutional rights because of military considerations, and that such exclusion was not beyond the war powers of congress and the president since it was done with national security in mind. Almost 40 years later after serving his sentence, Korematsu brought his case back to court filing for a writ of Coram Nobis to correct the previous ruling and achieve justice. Korematsu won this

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