On February 19, 1942, President Franklin D. Roosevelt signed the Executive Order 9066. The Order declared that "the successful prosecution of the war requires every possible protection against espionage and against sabotage to national defense material, national defense premises, and national defense utilities." In pursuit of this goal, the Secretary of War, or the military commander whom he might designate, was authorized "to prescribe military areas in such places and of such extent as he may determine, from which any or all persons may be excluded, or leave shall be subject to whatever restrictions the Secretary or the Military Commander may impose in his discretion." The Secretary was also authorized "to provide for residents of any such areas who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary until other arrangements are made, to accomplish the purpose of this order" (see Appendix 1).
Though the Order seems to be in violation of the Constitution at the time, the Supreme Court upheld it because of "military necessity." "There was evidence of disloyalty on the part of some [Japanese Americans], the military authorities considered that the need for
Cited: Davis, Daniel S. Behind Barbed Wire. New York, NY: E. P. Dutton, Inc., 1982. Girdner and Loftis, The Great Betrayal, 148. Irons, Peter, ed., Justice Delayed: The Record of the Japanese American Internment Cases. Middletown, CT: Wesleyan University Press, 1989, 83. Ng, Wendy. Japanese American Internment during World War II: A History and Refernce Guide. Westport, CT: Greenwood Press, 2002. Smith, Page. Democracy on Trial. New York: Simon and Schuster, 1995, 124. Stanley, Jerry. I Am An American: A True Story of Japanese Interment. New York, NY: Crown Publishers, Inc., 1994. tenBroek, Jacobus, Edward N. Barnhart, and Floyd W. Matson. Prejudice, War, and the Constitution. Berkeley and Lost Angeles, CA: University of California Press, 1954. Thomas, Dorothy Swaine, and Richard S. Nishimoto. The Spoilage. Berkeley and Los Angeles, CA: University of California Press, 1946, 27. Yancey, Diane. The Internment of the Japanese. San Diego, CA: Lucent Books, 2001.