KOREMATSU V.
UNITED STATES (1944)
Blair Holton
PLS 211
https://library.creativecow.net/menick_stephen/Honorable-Journey-Documentary/1
 Fred T. Korematsu
 Son of Japanese immigrants
 Born in California
T
H
E
P
L
A
I
N
T
I
F
F
http://face2face.si.edu/my_weblog/2012/02/portrait-of-fred-korematsu-unveiled-february-2-2012.html
United States Government
Military and Congress
Military issued exclusion and
Congress approved
T
H
E
D
E
F
E
N
D
A
N
T
http://www.toledoblade.com/Politics/2008/10/12/Transcript-of-FDR-s-fireside-chat.html
DETAILS OF THE CASE
 President Franklin D. Roosevelt signed Executive Order No.
9066 on Febr uar y 19, 1942
 placed Japanese-American citizens on the West Coast in
“assembly centers”
 May 3, 1942, the Civilian Exclusion Order No. 34 gave all
Japanese persons in a certain part of Califor nia instr uctions to
not change residence after May 3 in order to allow complete
Japanese evacuation by May 9
 Korematsu and Caucasian girlfriend sold all of their
belongings, had plastic surger y, and attempted to move to
Nevada
 Korematsu was arrested on May 30
 Er nest Besig, the Executive Director of the American Civil
Liberties Union (ACLU) of Norther n Califor nia paid
Korematsu’s $5,000 bail
DETAILS OF THE CASE CONTINUED
 Korematsu was immediately restrained and taken to the
Tanforan Assembly center, a relocation center for
Japanese-American citizens
 While at Tanforan, Korematsu challenged the exclusion
order
 The San Francisco federal district court found Korematsu
guilty of “violating military exclusion orders” and
sentenced him to five years probation
 ACLU appealed but the appeals court affirmed the lower
court decision
 Korematsu and his family were taken to the Japanese
internment camp in Topaz, Utah
 After 18 months and his mothers death, he was released
DETAILS OF THE CASE CONTINUED
 Upon release, Korematsu
made his way towards Detroit
and SCOTUS was receiving
the appeal by ACLU
 Korematsu felt the
gover nment was infringing
upon the rights given by the
Fourteenth Amendment to the
United States Constitution
 in response to race issues after
the American Civil War
 grants citizens rights and equal
protection of laws
http://larryrippeeandmollyreaart.blogspot.com/2012/02/executive-order-9066-internment-camp.html
WHY SCOTUS HEARD CASE
http://www.heardcitizen.com/a-constitution-minute-iv-2
 Made the decision to hear
Korematsu’s case because
it dealt with civil liberties
and the human rights given
to American citizens by the
United States Constitution
 Korematsu argued that his
arrest was caused by
racism and was not
justifiable
 Defense stated his arrest
was precautionary
measures due to the antiJapanese feelings in
MAJORITY DECISION
 Delivered by Supreme Court Justice Hugo Black on
December 18, 1944
 SCOTUS sided with the defendant 6-3
 “all legal restrictions which curtail the civil rights of
a single racial group are immediately suspect. That is
not to say that all such restrictions are
unconstitutional.”
 Mentions Kiyoshi Hirabayashi v. United States
 prove that racial discrimination was not a factor in the
governments initial order or the courts decision
 Neither of the court decisions were unconstitutional
MAJORITY DECISION CONTINUED
 “exclusion of those of Japanese origin was deemed
necessary because of the presence of an
unascertained number of disloyal members of the
group, most of whom we have no doubt were loyal to
this country.”
 Acknowledged the unfairness towards the loyal American
people of Japanese descent, yet noted the necessity of the
oppression
 “Korematsu was not excluded from the Military Area
because of hostility to him or his race.”
 the ongoing war between the United States and Japan, fear of
invasion resulting in security measures, military urgency, and
simply because Congress decided they had the power to
DISSENTING OPINION
 3 dissenting opinions
 Justice Robert Jackson
 Least fervent
 Orders were unconstitutional and Korematsu should have been
discharged
 Justice Frank Mur phy
 Most blunt deliverance, feels strongly about subject
 “goes over 'the very brink of constitutional power' and falls into the
ugly abyss of racism.”
 All Americans are of foreign descent
 Justice Owen Roberts
 Exclusion is unconstitutional and should reverse the judgment of
conviction
 All believed SCOTUS did not have the power to act against the
Executive Order No. 9066
POLITICAL IMPACT
 This decision was so controversial because many
Americans saw it as the Supreme Court supporting
racist actions against Japanese-American citizens
 Verdict would not stand today because of society’s
current feelings against any sort of prejudice
 Case proved the disastrous racism left in America
after the Second World War
 One of the most important cases in American history
because of its step towards the large Civil Rights
Movement of the 1950s and 60s
AFTER THE CASE
 In 1983, Korematsu and 24 pro-bono lawyers attempted to
get the 1944 decision overturned
 Peter Irons found evidence that was disclosed from the
original case
 FBI and Naval Intelligence found that Japanese-Americans were
not security risks
 On November 10, 1983, Judge Marilyn Hall Patel
overturned his conviction
 This overturn did not affect the Supreme Court ruling
 Decision still stands, would take a case of similar detail to
challenge the original ruling
 Known that if the same issue was brought up today, it would
not stand in court
P
I
C
T
U
R
E
S
http://nhdhopemikaila.weebly.com