Summary: Korematsu V. United States

Words: 548
Pages: 3
Open Document
Korematsu v. United states was a case appealed to the Supreme Court of the United States (SCOTUS) and documented under the citation 323 U.S 214. The case revolved around the petitioner, Fred Korematsu, submitting a civil suit against the United States for the internment of Japanese peoples. This included citizens who traveled and natural born citizens. The order came from President Franklin D. Roosevelt under the Executive order 9066. This was done during a time where the Japanese were seen as a threat, and spies or informants may have been located within the borders of the nation. Fred Korematsu, the petitioner, violated the Exclusionary Order 34 by remaining at his residence after the order was placed. He was then brought into a camp and …show more content…
The specific constitutional issue related to this case was the 5th Amendments protection of rights and due process. The question presented to the Court was whether or not the violation of the 5th amendment was constitutional, given that America was in war times. The SCOTUS deliberated and came out with a 6-3 majority decision in favor of the respondent. The majority decision was based on the exigent circumstances and war times allowing for such deprivations to legally occur. At the same time, they noted that any race or ethnicity based deprivation law must be held under the highest scrutiny. Both Justice Black and Justice Frankfurter affirmed the majority decision in the respondent's favor on 3 key facts. Firstly, they argued that the petitioner willingly violated an Exclusionary order in which the petitioner was required to migrate to one of the relocation centers. Secondly, the order was made in order to protect the nation from further invasion or attack. Lastly, both affirm that under different circumstances (such as racial civil rights violations when not in war), it would have been
Show More

Related Documents: Summary: Korematsu V. United States

Reflection On Life In The Us During Ww2

implemented for an 11th grade U.S. History class. Life in the US during WWII will be split into two days, planned to occur during the middle of the unit plan on the fourth and fifth days. The first day will focus on life for American citizens in the United States during the war effort. The second day will focus on life for Japanese Americans during WWII. The WWII unit plan starts with the Introduction to the causes of the war. Then transitioning into a study of the U.S. policy of Isolationism, supporting…

Words 2197 - Pages 9

Con Law Essay

Constitutional Law Outline Course Themes What does the Constitution do? 1. Establishes national government & allocates power among the branches 2. Controls relationship between federal & state government (federalism) 3. Limits governmental power and protects individual rights Why must we interpret the Constitution? 1. Many important topics not addressed in text 2. Many provisions written in broad language that needs interpretation 3. Constitution rarely functions…

Words 7565 - Pages 31