Koremotsu v United States

Koremotsu v United States - Korematsu v. United States 1944...

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Korematsu v. United States 1944 I. Facts a. During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army. b. II. Legal Questions presented a. Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent? III. Answers a. The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril." IV. Reasons (by ___) a. The decision of the case, written by Justice Hugo Black , found the case largely indistinguishable from the previous year's Hirabayashi v. United States
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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Koremotsu v United States - Korematsu v. United States 1944...

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