Korematsu Versus United States This essay is a historical evaluation of the constitutionality of the Japanese internment during World War 2. The source for this essay is the 1944 Supreme Court ruling in the case of Korematsu versus the United States. This essay is structured as a compare and contrast of the various justice’s opinions. It should be noted that this case was set after Japanese bombing of the Pearl Harbor and other bases, our entry into World War 2, and during a time of great fear in the United States. The fear of a Japanese invasion of California was very real. Mr. Black and Mr. Frankfurter believed that the relocation order was constitutional. Mr. Black brought up the Executive Order No. 9066. It was believed that there were Japanese who were working in the US to commit both espionage and sabotage. The goal was to break down the national defenses, and aid the Japanese in an invasion of California. The Executive Order says that, during war time, all possible protections must be made against espionage, sabotage, and invasion. He justified the act of imprisoning all Japanese and Japanese-Americans by saying it were the only sure way to stop all spies and saboteurs. In other words, with no way to quickly single out the spies and saboteurs, they decided to roundup everyone. The fear was that they would launch out on their ships and sail over to California and invade the U.S. There was no way for the U.S. to determine how many and who the disloyal Japanese were in this country. Because he had only been convicted of violating provision number one, provision one was the only part of the executive order the Supreme Court could rule on. Provision one states that he was supposed to leave the area but did not. Since he never reported to the assembly area he can’t be prosecuted for leaving that area. Finally, since he was not under military control he can’t be prosecuted for leaving the military control. Mr. Frankfurter concurred with Mr. Black and added to it the Civilian Exclusion Order No. 34 which states, “The provisions of the Constitution which confer on the Congress and the President Powers to enable this country to wage war are as much part of the Constitution as provisions looking to a nation at peace….” He said that because he believed that the internment of Japanese were an exercise of the war power. Therefore it was constitutional to infringe on the civil rights. Jackson, Roberts and Murphy maintained that the order violated Korematsu’s rights as a United States citizen. Mr. Murphy said that this exclusion of “all Japanese ancestry, both alien and non- alien,” violated Korematsu’s individual rights. While it was essential to let the military have discretion, they still have to have a reason for imprisoning these people, other than their race. Murphy dissented because he said it was about racism, there was no truth there was anything wrong, and that we were imprisoning American citizens based on race.
Electronic Notes - SOURCE WORKSHEET
TOPIC: Japanese Internment
COMPLETE BIBLIOGRAPHICAL ENTRY: (including author, title, web address if electronic, source.
The Constitution and Internment Camps - Due Process and the Japanese-American Internment : Video : Information Clearing House." The Constitution and Internment Camps - Due Process and the Japanese-American Internment : Video : Information Clearing House. N.p., n.d. Web. 07 Oct. 2013.
Answer the following questions:…
MAPP V OHIO
Mapp V Ohio is a famous Supreme Court case that has affected many American lives. Police officers suspected Miss Mapp of owning a bomb in her house. The officers attempted an initial visit but failed. After that they returned with a search warrant for a bomb, police forcibly entered the residence, and conducted a search. Obscene materials have been found but no bomb. Miss Mapp was trialed and convicted for these materials.
The constitutional issue of the case was whether evidence…
The Internment Camps
The Japanese Internment Camps that were placed in the United States in the year of 1942 to secure Japanese Americans from doing harm to the nation. During my research there were different things that really got me interested in this topic such as treatment, where were they placed, and how they work. This camps were first made because the Japanese army attacked pearl harbor and this woke up the nation that they weren’t really protected…
On the morning of December 7, 1941, 2,402 Americans were killed and 1,282 wounded at the attack on Pearl Harbor. Fearing further attack by the Japanese, government officials urged President Roosevelt to sign the Executive Order 9066. This removed 120,000 Japanese Americans from their home and relocated them into internment camps. Hundreds of photos were released after the termination of these camps showing how the living conditions were. The Photograph Entrance of Catholic Chapel, taken in 1943 by…
Influence on the U.S. Government
-Agreement governing new settlers arriving in Plymouth colony- basis of colony’s government
Influence on the U.S. Government: -English writer that contributed to American Revolution
-“Common Sense” persuaded colonists to support independence
Effect of geography
-Harbors, forests, rocky soil influenced New England colonies – couldn’t farm; trade and commercial fishing was big source of revenue
-Climate in the…
sustain U.S. production during WWII
Japanese internment: Similar to the Red Scare in WWI, many Americans feared Japanese Americans were a threat to American safety. 110,000 Japanese-Americans were forced into these camps because the US feared that they might act as saboteurs for Japan in case of invasion.
Genocide: Systematic killing of a group of people based on race, ethnicity, or other classification
Korematsu v USA: 1944 Supreme Court case where the Supreme Court upheld the order providing for the…
What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible?
a. Reasonableness, inherently suspect, and the intermediate standard
b. Reasonableness, inherently suspect, and grossly discriminatory
c. Arguably discriminatory, reasonable analysis, and negligent
d. Negligent, arguably discriminatory, and reasonable
e. Suspect, inherently suspect, and the intermediate standard
3. The courts have recently ruled that, under the Fourteenth Amendment…
worked for the common good. In Engle v. Vitale the Supreme Court ruled against the Religious practices in public school because it goes against freedom of religion; regardless of the percentage of the population that supports Christianity. However, concerning Japanese Internment during World War II a majority of the nation was experiencing fear due to Pearl Harbor and the government made an unjust decision by placing Japanese-American citizens in internment camps. At the same time, I acknowledge this lapse…
AMERICAN NATIONAL HISTORY
PROFESSOR BRENT SCHINDLER
FEBUARY 4, 2013
Habeas Corpus in its most familiar form has played an important role in “Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writ…
popular, and the movie Gone with the Wind wins an Academy Award. Walt Disney releases "Pinocchio" and "Fantasia." Other movies include "The Great Dictator," "The Philadelphia Story," and "The Grapes of Wrath," staring former Nebraskan Henry Fonda. Americans enjoy "Bugs Bunny" cartoons and hear the "Superman" radio show for the first time. Big band music is popular and the Swing Era is in full swing.
Following the 1940 election, Franklin Roosevelt is inaugurated for a third term as president…