Racial Prejudice and Constitutional Rights Violation

go temporarily out of an area where his presence might cause danger to himself or to his fellows. On the contrary, it is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States….I need hardly labor the conclusion that Constitutional rights have been violated. (Korematsu)
In saying this he finds the case to be based on racial prejudice, although he never uses these two words but the word “ancestry,” as there is no direct knowledge or experience that contradict Korematsu’s loyalty to the United States (Korematsu). He also draws the glaring

The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes.

He harshly criticizes the majority and disagrees with them that all Japanese-Americans should be sent to internment camps. Instead, he believes that it is possible to treat each Japanese-American as an individual, “holding investigations and hearings to separate the loyal from the disloyal,” which he cites was done with people of German and Italian ancestry (Korematsu). With this he concludes that military necessity is not the only factor in this case but also the racial prejudice directed towards Japanese-Americans. He further acknowledges the racial discrimination aspect of the case exclaiming that there has been "disinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices.” Murphy also asserts that Executive Order #9066 “destroy[s] the dignity of the individual and encourage[s] and open[s] the door to discriminatory actions against other minority groups in the passions of tomorrow” (Korematsu); foreseeing, like Jackson, that the precedent of this case will far exceed the war and stretch long into the