KOREMATSU v U.S.
323 U.S. 214 (1944)
Perhaps, according to Bernard Schwartz, the greatest failure of American law during World War II may be illustrated by the case of Fred Toyosaburo Korematsu. As graphically described in 1944 by a member of the bench, his case is one that is unique in our system:
Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists me rely 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.
Korematsu had been charged with failure to report for evacuation and detention.
Had Korematsu been of Italian, German or English ancestry, his act would not have been a crime. His presence in California was made a crime solely because his parents were of Japanese birth. The difference between innocence and crime, so far as he was concerned, resulted not from anything he did, said, or even thought, but only from his particular racial stock. For Korematsu was a victim of what a Harper’s article was to term “America’s Greatest Wartime Mistake,” namely, the evacuation of those of Japanese ancestry from the West Coast shortly after the Pearl Harbor attack.20
In a 6-3 majority decision the Supreme Court, on December 18, 1944, rendered its opinion which affirmed the right of the military to move people about on the basis of race in time of war. The Court decided that one group of citizens may be singled out and expelled from their homes, and imprisoned for several years without trial based solely on ancestry. The Supreme Court refused to question military judgment or the validity of military orders applied to civilians without a declaration of martial law.
Hardships are part of war and war is a collection of hardships. All citizens whether they be in or out of uniform feel the impact of war. Citizenship has its responsibilities as well as its privileges, and in time of war, the burden is always heavier.
It is said that Korematsu has been imprisoned in a concentration camp solely because of his ancestry, without any evidence t...
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...ntion orders had been rescinded, the Supreme Court granted Endo an unconditional release from confinement. But in doing so the Court stated that the original expulsion from the West Coast and the detention for three years without charges or trial were legitimate exercises of presidential and military power during an emergency.
The Court bypassed constitutional issues and only ruled that Executive Order 9066 did not authorize the indefinite detention of citizens who the government conceded were loyal, nor did it authorize the imposition of parole conditions on citizens once removed from the West Coast.
Although joining the majority decision Justice Frank Murphy was of the opinion “that detention in Relocation Centers of persons of Japanese ancestry regardless of loyalty is not only unauthorized by Congress or the Executive but is another example of the unconstitutional resort to racism inherent in the entire evacuation program. As stated more fully in my dissenting opinion in Fred Toyosaburo Korematsu v United States, racial discrimination of this nature bears no reasonable relation to military necessity and is utterly foreign to the ideals and traditions of the American people.”
The concurring opinion was given by Justice Blackmun. He agreed with the majority opinion that the exclusionary rule is valid as long as the officer and magistrate act in ?good faith?, but he wanted to stress that it is not a rule to take lightly, that it may change with how cases such as this are handled in the future. (United States v. Leon ,
Denied citizenship by the United States, a man without a country, he was tormented and interrogated by the government based on this reality, labeled a “disloyal” citizen to the U.S. Severing Ko from the remainder of his family, the FBI detained as many as 1370 Japanese-Americans, classifying them as “dangerous enemy aliens.” As much as a year would pass before he would see his family again, joining them at Manzanar, a concentration camp. Forced to destroy all memoirs of his Japanese heritage, fearful such things would allude to Japanese allegiance, Ko no lo...
The Bill would prevent many injustice incidents such as the case with the Japanese citizens in 1942. During WWII, the government gov’t declared that all people of ...
The most blatant abuse of Lincoln's power was his suspension of habeas corpus. The suspension of this constitutional guarantee, by which a person could not be imprisoned indefinitely without being charges with some specific crime, around much opposition throughout the country. Although Lincoln himself made no concentrated efforts to suppress political oppositions, the repeal of habeas corpus enabled overzealous civil and military authorities to imprison thousands of people who were vocal in their opposition to the war against the South. During the war, in the case Ex parte Merryman, Chief Justice Taney ordered Lincoln to grant a writ of habeas corpus to a Southern agitator who had been arbitrarily jailed by military authorities in Maryland. Lincoln ignored the order. After the war, in the case Ex parte Milligan, the Supreme Court ruled that president could not suspend habeas corpus without the consent of Congress.
...he country against espionage far exceeded the individual rights of Korematsu and other Japanese Americans. The Court followed the law as it was stated and did not create a new precedent regarding the situation.
In his essay Silver mentions, “Regardless of what we think or what our social media statistics indicate, as functioning humans we can only maintain a set number of actual relationships, straining what exactly a friend is.” (Silver 444). It has been expressed here that no matter what the statistics of social media portray,the average human being can only maintain so many actual and physical relationships with people. Therefore, why he is arguing that social media indeed creates fake friends that most people claim to believe that they are friends. However, I argue that fake friends are those who impact your life as a friend negatively in the real world. Fake friends become your “friend” because they need or want something from you. Once they find what they want or need, it is normal for them to ignore you and only come back when it 's convenient for them. Comparatively, friends on social media are more of an acquaintance in my point of view. On social media, those who I allow to be my friends or follow me I either have come into contact with a few times, or have been friends with them at some point in my life. That is the reasoning as to why I don’t believe that social media creates fake
There were some Japanese-Americans who were hesitant of going into internment camps. They were worried about losing their occupations, property, and freedom. The government came up with an excuse that was meant to calm the fears of the Japanese during the “greatest forced migration in American history” (The San Francisco News, 1942).
Japanese immigration created the same apprehension and intolerance in the mind of the Americans as was in the case of Chinese migration to the U.S at the turn of the 19th century. They developed a fear of being overwhelmed by a people having distinct ethnicity, skin color and language that made them “inassimilable.” Hence they wanted the government to restrict Asian migration. Japan’s military victories over Russia and China reinforced this feeling that the Western world was facing what came to be known as “yellow peril”. This was reflected in the media, movies and in literature and journalism.4 Anti-Oriental public opinion gave way to several declarations and laws to restrict Japanese prosperity on American land. Despite the prejudice and ineligibility to obtain citizenship the ...
In situational leadership theory and path-goal theory, both theories assume that leaders are flexible and can display any or all styles depending on the situation or environment. Situational leadership theory emphasizes the importance of adjusting leadership style based on the needs of the followers. Path-goal theory leaders help followers along their path and are more effective if they adapt their behaviors to the current environment. Each leadership theory describes four different styles or behaviors to use for effective leadership. The style of telling, selling, participating, and delegating are used in STL...
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Matsumoto studies three generations, Issei, Nisei, and Sansei living in a closely linked ethnic community. She focuses her studies in the Japanese immigration experiences during the time when many Americans were scared with the influx of immigrants from Asia. The book shows a vivid picture of how Cortex Japanese endured violence, discriminations during Anti-Asian legislation and prejudice in 1920s, the Great Depression of 1930s, and the internment of 1940s. It also shows an examination of the adjustment period after the end of World War II and their return to the home place.
Franklin D. Roosevelt, President of the United States at the time, ordered and filed an Executive Order 9066 giving the military to extradite any person with Japanese decent, citizens and aliens in America to an interment camp where they would be held until the war had come to an end for espionage purposes. Thousands of Japanese citizens had been taken to these camps; however, many people did not see eye to eye about if the government had the right to be relocating these residents. Among these people was Justice Black and Justice Murphy, they did not be seem to be assent with one another’s opinions with the subject of both Racial Discrimination and evicting the Japanese
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Throughout Americas history, there has been prejudice, discrimination, and segregation. The prejudice, discrimination, and segregation of African-Americans and Native Americans are well known and often portrayed in movies. The group that is less exposed in movies is the prejudice, discrimination, and segregation of Asians. Mine is about a minority group that has seen prejudice, discrimination, and segregation that is now recognized universally deplorable the Japanese American. The incarceration of the Japanese by the United States during World War II is now considered unjust. After “Executive Order 9066 the army moved 40,000 long-term immigrants, and 77,000 United States citizens of Japanese descent.” (Miksch and Ghere, 2004 p. 212) Although, at that time “Most people thought internment of enemy aliens was a normal precaution in wartime situations.” (Miksch and Ghere, 2004 p. 211) “The practice of internment of enemy aliens is normal practice in Canada, Australia, United States, and European countries.” (Miksch and...