Korematsu v U.S. (1943) - The Supreme Court Case that Tested Constitutional Guarantees
The aftermath of Pearl Harbor bombing brought about hysteria in the United States, prompting the government to issue Executive Order 906
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About Korematsu v U.S. (1943) - The Supreme Court Case that Tested Constitutional Guarantees
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Slide1KOREMATSU v. U.S.1943 U.S. Supreme Court
Slide2Facts of the Case• Bombing of Pearl Harbor Hysteria • Executive Order 9066 – excluded certain people from west coast military zones • Fred Korematsu was a US citizen in San Francisco • Failed to report for exclusion and was arrested, tried and convicted
Slide3Constitutional Issues5 th Amendment • Due process to be denied life, liberty or property 14 th Amendment • Citizenship • Guarantee of due process under the law
Slide4ArgumentsFor Korematsu: • Denied liberty • No loyalty hearings • Purely racial in nature • President exceeded his authority For the US: • Military necessity made it necessary • Insufficient time to determine loyalty • State of war existed giving president the authority • Not racial – the attack was by the Japanese
Slide5Korematsu v. U.S. Decision• 6-3 Decision in favor of the U.S. • Opinion written by Justice Hugo Black • Reasons: 1. Must give military right to protect the nation 2. Time did not permit distinction between loyal and disloyal 3. Hardship is a part of war for all citizens 4. Not racial but because we were attacked by Japan
Slide6Dissenting Opinions• Believed that the motivation was racial • Called it a flagrant violation of due process of law • Time factor wasn’t valid because it continued for months after danger of attack was gone Korematsu received the Presidential Medal of Freedom in 1998. He died in 2005.