Korematsu v US - Korematsu v US o Hirabayashi v...

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Korematsu v. US o Hirabayashi v. US-relocation close to brink of const power-substantial restriction of personal liberty of US citizens o Forced evacuation-military necessity o After Pearl Harbor o Evade central issues of coerced evacuation and compulsory internment bc not actually in camp, violated evacuation decree o Black’s opinion-first use of strict scrutiny from footnote 4 o Constitutionality of exec order 9066-JapAms in W US internment, JapAms not allowed in restricted areas, fear of espionage or critical for natl defense o Exclusion order constitutional o Did pres and congress go beyond war powers by restricting rights of JapAms? o Black’s Opinion Need to protect v espionage outweighed Korematsu’s individual rights Deference to Congress and military authorities, not racial prejudice
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Unformatted text preview: o Murphy’s Dissent Racism Treatment of Japanese v. Germans and Italians race, not emergency alone, led to internment o Jackson’s Dissent Court had validated racial discrimination Shouldn’t have to interfere with military but also don’t have to ratify or enforce these orders if unconstitutional Defense measures not within limits that bind civil authority in peace Judicial opinions set precedents that last o Govt knowingly submitted false info to SC o Strict scrutiny standard to racial discrimination by govt—and govt met that standard o Compulsory exclusion highly suspect but justified in circumstances of emergency and peril...
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Christopher Reinemann
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