KorematsuBremmer - WWII Japanese Internment Nation stunned by Pearl Harbor Hit close to home West Coast Fear of ethnic Japanese More than 100,000 of

KorematsuBremmer - WWII Japanese Internment Nation stunned...

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WWII – Japanese Internment Nation stunned by Pearl Harbor Hit close to home - West Coast Fear of ethnic Japanese More than 100,000 of Japanese descent on West Coast. Public Officials in California began calling for relocation of those of Japanese ancestry to the interior of the county.
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Executive Order 9066 Promulgated by Pres. Rooselvelt on Feb. 19, 1942 Authorized military commanders to prescribe ‘military areas’ from which any or all persons might be excluded.
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Executive Order 9066 March 1942: Congress passed a law imposing criminal penalties for violating the order.
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Executive Order 9066 Curfew was imposed on Japanese, then they were required to report to relocation centers, and then physically moved to internment camps
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Executive Order 9066
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Executive Order 9066
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Hirabayashi v. U.S. (1943) Upheld curfew on Japanese Americans living in prescribed military areas, as set forth in Exec. Order 9066
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Korematsu v. U.S. Fred Korematsu, an American citizen of Japanese ancestry, was convicted for remaining in the San Leandro Military Area.
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Korematsu v. U.S. U.S. Supreme Court confirmed Korematsu’s conviction on grounds that the exclusion was justified by “military necessity.” Despite that racially discriminatory treatment required ‘the most rigid” judicial scrutiny, the prevention of espionage and sabotage was a proper exercise of the government’s war power and exclusion from sensitive areas, like the curfew, was closely related to that purpose.
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Korematsu v. U.S. Quoting from Hirabayshi, the court declared, “we cannot reject as unfounded the judgment of the military authorities and of Congress that there were disloyal members of the Japanese American population.” More over “there was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and the time was short.” Court refused to look behind assertions that the exclusion order was motivated by military necessity, not racial prejudice.
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Korematsu v. U.S. Concurrence: Justice Frankfurter concurring suggested that the government’s action was constitutional under wartime conditions even though in peacetime it might be lawless.
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Korematsu v. U.S. Dissents: Justice Murphy: argued for more searching judicial investigation into the claim of military necessity where there is infringement of fundamental civil rights. At least in the absence of martial law, which would have lent an air of urgency, or proof of any “immediate imminent and impending” public danger, he called the exclusion order “an obvious racial discrimination.”
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Korematsu v. U.S. Dissent: Justice Jackson found that the conviction was based not on statute or Exec. Order, but upon order of General DeWitt. Relief from unconstitutional military actions would have to come from the political branches, not courts.
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  • Spring '08
  • DeniseLieberman
  • National security, executive order, military necessity

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