Korematsu
Background and Facts: The Japanese Navy, on December 7, 1941, attacked the United States at Pearl Harbor in Hawaii. President Franklin D. Roosevelt and the U.S. Congress declared war on Japan that same day. Japan’s attack on Pearl Harbor came with a great degree of consequences. One of those consequences was Executive Order 9066 which gave the Secretary of War the right to designate “military zones” where the government had the authority to exclude any person or group that was thought to be a possible threat to the United States and its war with Japan. Unfortunately, many of the military zones were parts of the United States, where many American citizens, which happened to be Japanese, lived.
Under Executive Order 9066, the military banned all people of Japanese ancestry, whether they were alien or non- alien from the coastline running from Washington State to Arizona and then set up internment camps to house these Japanese Americans while the war was waging. Fred Korematsu (Japanese American) refused to obey this order. He was eventually convicted of defying this order, but under appeal, the case reached the Supreme Court. This court upheld the previous conviction, stating that the evacuation was necessary to protect the country and therefore more important than the individual rights of the Japanese.
Constitutional Provisions/Statutes: Executive Order 9066 placing all people of Japanese background on a curfew, and eventually Civilian Exclusion Order 34 placing them in an internment camp.
Korematsu stated he was deprived of his right to live freely without the proper legal process which is guaranteed in the Fifth Amendment to the Constitution which states that no person shall be deprived of life, liberty, or property without due process of the law. Violations of the “live and work where he will” (Allegeyer v Louisiana), “to establish a home” (Meyer v Nebraska), and “to freedom of movement” (Williams V Fears). He also stated, under a writ of
Under Executive Order 9066, the military banned all people of Japanese ancestry, whether they were alien or non- alien from the coastline running from Washington State to Arizona and then set up internment camps to house these Japanese Americans while the war was waging. Fred Korematsu (Japanese American) refused to obey this order. He was eventually convicted of defying this order, but under appeal, the case reached the Supreme Court. This court upheld the previous conviction, stating that the evacuation was necessary to protect the country and therefore more important than the individual rights of the Japanese.
Constitutional Provisions/Statutes: Executive Order 9066 placing all people of Japanese background on a curfew, and eventually Civilian Exclusion Order 34 placing them in an internment camp.
Korematsu stated he was deprived of his right to live freely without the proper legal process which is guaranteed in the Fifth Amendment to the Constitution which states that no person shall be deprived of life, liberty, or property without due process of the law. Violations of the “live and work where he will” (Allegeyer v Louisiana), “to establish a home” (Meyer v Nebraska), and “to freedom of movement” (Williams V Fears). He also stated, under a writ of