Subject to rigid scrutiny this is reminiscent of the

This preview shows page 3 - 5 out of 23 pages.

subject to rigid scrutiny (this is reminiscent of the Carolene Products footnote) The Congressional act was aimed at espionage and sabotage Black cites precedent – Conviction of a Japanese for defying a military-ordered racial curfew was upheld - exclusion from threatened area has clear and definite relationship with preventing espionage and sabotage SC won't second guess congress as to imminent danger (Note: Department of Justice, in its amicus brief, tried to include footnote saying claims of Japanese disloyalty were exaggerated, but was overruled by military) “In times of war, the burdens of citizenship are heavier” korematsu's lawyers argued that he would be convicted both for staying and for leaving (originally, there was an order not to leave one’s home, and then later, an order to leave home so as to report at a camp) – Black dismisses this contention, saying the second order overruled the first Black says SC would address constitutionality of relocation centers if and when time came camps aren't just concentration camps - that would be oversimplifying - we did not camp the Japanese because of racial antagonism, but because of military concerns “There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short. We cannot-by availing ourselves of the calm perspective of hindsight-now say that at that time these actions were unjustified.”
Image of page 3

Subscribe to view the full document.

Frankfurter concurs: government has power to wage war successfully - constitutional war powers Roberts dissents : This case amounts to punishment for not submitting to imprisonment in concentration camp solely because of ancestry, irrespective of loyalty (many of the dissenters touch on this theme, that all Japanese- Americans had to report to the camps, without a loyalty test) Korematsu would not submit himself to imprisonment [in a detention camp], but at the same time, could not legally either stay at home or leave his home because of the two existing orders SC heard case as though it were merely an order to leave, which Korematsu disobeyed - but case is actually about forcible detention on racial grounds “Why should we set up a figmentary and artificial situation instead of addressing ourselves to the actualities of the case?” Murphy dissents: We ought to defer to military, but this is racist “At the same time, however, it is essential that there be definite limits to military discretion, especially where martial law has not been declared.” “In adjudging the military action taken in light of the then apparent dangers, we must not erect too high or too meticulous standards; it is necessary only that the action have some reasonable relation to the removal of the dangers of invasion, sabotage and espionage. But the exclusion, either temporarily or permanently, of all persons with Japanese blood in their veins has no such reasonable relation. And that relation is lacking because the exclusion order
Image of page 4
Image of page 5
  • Spring '14
  • MortonHorowitz
  • Civil Rights, Fourteenth Amendment to the United States Constitution, US Supreme Court

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern