Korematsu+v.+United+States



||||||||||||||||| **...versus...** VERY CREATIVE!!! 2/2

1944
 * Year: 1/1**

**Summary:** Civilian Exclusion Order No. 34, directed that all persons of Japanese descent be excluded WHAT DOES THAT MEAN? from San Leandro, California, which was a "Military area" after May 9, 1942. It ruled that anyone of Japanese descent in that area would be fined $5000 and/or put in jail for no more than a year. This order was set in place because of the Japanese attack on Pearl Harbor. The United States government felt that creating a barrier between military bases and people of Japanese ancestry would help to prevent another tragedy like the attack on Pearl Harbor. The government not only forced the Japanese out of these military areas, but then detained all persons of Japanese descent, even those not living in military areas, to be kept in relocation camps. “Fred” Toyosaburo Korematsu, an American born man of Japanese descent, outright refused to obey the order. He moved to a different town, changed his name, had facial surgery, and attempted to pass as Latin American. Korematsu was caught and convicted of the unusual “crime” of being Japanese and living on the West coast. 5/5

The questions proposed by this case are: What right does the government have to discriminate against people of a certain background under the claim of national security? What about “all men are created equal, and are endowed by their creator certain unalienable rights, that among these are life, liberty, and the pursuit of happiness?”  5/5
 * Constitutional/Legal Issue: **

**Decision or Holding:** The court ruled six to three that the United States government had the right to remove Japanese descendants from the West Coast. ON WHAT BASIS??? The court ignored that all of these people were then shipped off to internment camps which the government called relocation centers and which one of the Justices in dissent compared to concentration camps. Korematsu was sentenced to five years in prison, and upon parole was sent directly to an internment camp in Topaz, Utah.  WHAT WAS THE LEGAL BASIS FOR THE DECISION??? 3/5

The case of Korematsu vs. The United States is significant because it is the only case where the Supreme Court has upheld a restriction based on race. It shows how paranoid some people can get when it comes to national security. TELL ME MORE 4/5
 * Significance:**

THE DECISION WAS OVERTURNED AT THE END OF THE WAR IN A CASE CALLED EX PARTE ENDO - THIS IS CONSIDERED ONE OF THE WORST DECISIONS IN SUPREME COURT HISTORY

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21/25 = 84% (C+) SEE ABOVE COMMENTS