Korematsu vs U.S legal brief
Facts of the case:
After the attack on Pearl Harbor, suspicions rose to the Japanese-American immigrants
which therefore caused them to be removed from their homes by military officials and be
placed in internment camps. Frank Korematsu refused to comply with military officials
and be removed from his home and put into Japanese internment camps. The
amendment tried in this case was the fifth amendment stating “No person shall … be
deprived of life, liberty, or property without due process of law.”
Issues of the case:
The issues that surrounded this case were that the U.S government were being both
racist and inconsiderate toward Japanese Americans. They were considered racist for
their singling out of one racial group, and were inconsiderate because those Japanese
Americans who spent their whole lives working to build lives for themselves were forced
to start from scratch again because the government took all they had.
Case decision:
The decision made by the court was that Korematsu's conviction was justified and that
the internment of the Japanese was constitutional.
Reasoning:
The reasoning behind this decision was that due to the bombing of pearl harbor, the U.S
had every right to be suspicious and therefore, use Japanese internment as national
security. Therefore, Korematsu was rightly convicted for refusing to agree with military
officials and was sentenced to five years probation.
Separate Opinions:
Justice Frank Murphy and two other Justices disagreed with the majority opinion, they
believed that putting the Japanese into internment camps was discriminatory and falls
under the controversial topic of racism.
Analysis:
Overall, this case had a large historical impact on the United states. Most importantly, it
can no longer be used in any other court case in history as evidence due to it’s
legalizing of racism. The case clearly shows how in times of crisis, the government can
bend the rights of the people in order to pursue a common goal. It also is another
example of court-sanctioned racism.In the moment, it seemed like a necessity to make
sure the U.S was protected from Japanese spies however, the placement of
hardworking, Japanese immigrants into camps and taking away their hard earned
property was not the right way to settle the problem of national security. Overall, Over
time as a nation, we realize that the case was a poor choice of decision by the court and
basically legalized racism.