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Supreme Court Case- Korematsu

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Hannah Chae

on 15 October 2012

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Transcript of Supreme Court Case- Korematsu

by Hannah Chae Fred Korematsu v. United States Korematsu v. United States
Docket Number: 22
Date argued: October 11th, 1944
Judges:
Harlan Stone
Hugo Black
Stanley Reed
Owen Roberts
Felix Frankfurter
William Douglas
Frank Murphy
Robert Jackson
Wiley Rutledge During World War II, after the Japanese attacked Pearl Harbor, President Roosevelt ordered all Japanese Americans into internment camps regardless of citizenship. What was happening? A Japanese Internment Camp Korematsu, an American born citizen, was one of the many Japanese Americans who became fugitive of an internment camp.

Fred Korematsu believed the captivity of the Japanese Americans was unconstitutional and fought for his and many other Japanese Americans' rights when he took his case to the United States Supreme Court in 1944. Petitioner: Fred Korematsu The United States, after the attack on Pearl Harbor, believed that the prencense of Japanese decent citizens (and non-citizens) were a threat to our nation.

The U.S. used Executive Order 9066, an order signed and implemented on February 19th, 1942, by President Franklin D. Roosevelt, in their defense of the new Japanese American Internment camps. Respondent: The United States Voted with majority:
Harlan Stone
Hugo Black
Stanley Reed
William Douglas
Wiley Rutledge The Votes Wrote a regular concurrance:
Felix Frankfurter Wrote a dissent:
Owen Roberts
Frank Murphy
Robert Jackson Manzanar National Historic Park, site of the WWII internment of Japanese Americans Trial "Korematsu ... has been convicted of an act not commonly thought a crime, it consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived."- Justice Robert Jackson "[The internment of the Japanese Americans was based upon] the disinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices."- Justice Frank Murphy During the case, Solicitor General Charles Fahy was held accountable for keeping evidence from the court.

Charles Fahy kept a report from the Office of Naval Intelligence, stating that "there was no evidence Japanese Americans were disloyal, were acting as spies or were signaling enemy submarines." Solicitor General Charles Fahy Court Room Quotes The case of Korematsu v. the United States tested the fifth Amendment Amendment V:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger... Did the U.S. governement exceed their "war powers" by imprisoning ALL people of Japanese ethnicity and by stripping them of their individual rights? Constitutional? The United States applied the fifth amendment of the constitution to their side, saying that in 1944, America was in a time of military urgency. Amendment V
"...except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger..." Fred Korematsu used the fifth amendment to support his case by saying that his and every other Japanese Americans' individual rights were being infringed, violating a portion of the amendment. Amendment V:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..." Votes for the United States: 6
Votes for Fred Korematsu: 3 Result Dissenting Opinions Owen Roberts: Dissent stated that the internment of the Japanese Americans was esentially inprisonment and that their internment was based upon "half-truths" that have been aimed towards Japanese Americans by those with racial prejudices. Frank Murphy: Dissent stated that Japanese Americans were racially discriminated against and that all citizens should be treated equally. Robert Jackson: Dissent says that the Japanese Americans did not commit any crime to have them forced into internment camps and that the government does not have the right to strip them or any other citizen, of their individual rights. This case, since the result was in the Government's favor, limits the rights of citizens.

The Japanese Americans were imprisoned solely because of their racial background, without proof that any of the 110,000 of them were being dis-loyal to America. This limits American's rights, showing that the Government can take full advantage of their citizens without a fair trial. Citizens' Rights The ruling in this case could apply to the terrorist attack on America in September, 2001.

If the Government were to follow the ruling of Korematsu v. the United States, all citizens of the same descent and religious background as the terrorists who bombed the twin towers, could be put into internment camps, like the Japanese Americans. Current Events Hannah's View No, because the if the Government were to send any Japanese Americans into internment camps, the Government should have put every single Japanese American through an extensive investigation of their background, and most importantly, evaluate their patriotism to America.

From the court's ruling it seems that the Government sees every non-white person as the same and in this case as a threat to their own nation. Did the Supreme Court make the correct decision? The Majority opinion, written by Justice Hugo Black, states that the interment of the Japanese Americans was constitutional and that in time of war, our country's security comes first. Would you have changed anything about it? Without a doubt, I would've changed the result of this case. My grandparents moved to America from South Korea for work and so that my father could become a doctor. Picturing Fred Korematsu as my grandpa has made me realize just how unfair the Government was to the Japanese Americans. None of them did anything wrong to their country (America) and most probably had to work hard to make it to America, they were most likely all so happy and thankful to be in America, until the American Government throws them all into internment camps just because of their Japanese descent. I think the vote was very predicatably divided, because the fifth amendment has an exception to itself, within itself.

The Amendment says that all citizens have a right to a Grand Jury, which would support Korematsu's belief that the internment of Japanese Americans was unconstitutional.
BUT
The Amendment also says that in times of war or public danger, the Government can hold citizens under capital. Divided Vote "Charles Fahy." Charles Fahy. N.p., n.d. Web. 14 Oct. 2012. <http://www.nndb.com/people/836/000209209/>.

"Fifth Amendment." TheFreeDictionary.com. N.p., n.d. Web. 14 Oct. 2012. <http://legal-dictionary.thefreedictionary.com/fifth amendment>.

"The History of Japanese Internment Camps and Leading up to It - Micelanius Photos." The History of Japanese Internment Camps and Leading up to It - Micelanius Photos. N.p., n.d. Web. 14 Oct. 2012. <http://japaneseintermentcamps.wikispaces.com/Micelanius Photos>.

"Koji's Column70th Anniversary of the Signing of Executive Order 9066." DiscoverNikkei.org. N.p., n.d. Web. 14 Oct. 2012. <http://www.discovernikkei.org/en/journal/2012/1/17/EO-9066/>.

"Koji's Column70th Anniversary of the Signing of Executive Order 9066." DiscoverNikkei.org. N.p., n.d. Web. 14 Oct. 2012. <http://www.discovernikkei.org/en/journal/2012/1/17/EO-9066/>.

"Korematsu v. United States (1944)." Korematsu v. United States (1944). N.p., n.d. Web. 14 Oct. 2012. <http://www.psmag.com/uncategorized/korematsu-v-united-states-1944-9415/>.

"Korematsu v United States." Korematsu v United States. N.p., n.d. Web. 14 Oct. 2012. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/korematsu.html>.

"KOREMATSU v. UNITED STATES." Korematsu v. United States. N.p., n.d. Web. 14 Oct. 2012. <http://www.oyez.org/cases/1940-1949/1944/1944_22>.

"New 9/11 Audio Tapes Detail Horror of the Attacks in Real Time." The Blaze. N.p., n.d. Web. 14 Oct. 2012. <http://www.theblaze.com/stories/new-911-audio-tapes-detail-horror-of-the-attacks-in-real-time/>.

PBS. PBS, n.d. Web. 14 Oct. 2012. <http://www.pbs.org/wnet/supremecourt/personality/landmark_korematsu.html>.

"The Saturday Evening Post." The Inevitable Politics of the High Court. N.p., n.d. Web. 14 Oct. 2012. <http://www.saturdayeveningpost.com/2010/04/17/archives/post-perspective/inevitable-politics-high-court.html>.

Savage, David G. "U.S. Official Cites Misconduct in Japanese American Internment Cases." LosAngeles Times. Los Angeles Times, 24 May 2011. Web. 14 Oct. 2012. <http://articles.latimes.com/2011/may/24/nation/la-na-japanese-americans-20110525>.

"This Day In History." (February 19th 1942: FDR Approves Interning...). N.p., n.d. Web. 14 Oct. 2012. <http://todayinhistory.tumblr.com/post/17875168929/february-19th-1942-fdr-approves-interning>. Works Cited Justice Hugo Black
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