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Korematsu v. United States

Facts of the Case

Provided by Oyez

In response to the Japanese attack on Pearl Harbor during World War II, the U.S. government decided to require Japanese-Americans to move into relocation camps as a matter of national security. President Franklin Roosevelt signed Executive Order 9066 in February 1942, two months after Pearl Harbor. A Japanese-American man living in San Leandro, Fred Korematsu, chose to stay at his residence rather than obey the order to relocate. Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment. The Ninth Circuit affirmed Korematsu's conviction.

 

Questions

  1. Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

Conclusions

  1. In an opinion written by Justice Black, the Court ruled that the evacuation order violated by Korematsu was valid. The majority found that the Executive Order did not show racial prejudice but rather responded to the strategic imperative of keeping the U.S. and particularly the West Coast (the region nearest Japan) secure from invasion. The Court relied heavily on a 1943 decision, Hirabayashi v. U.S., which addressed similar issues. Black argued that the validation of the military's decision by Congress merited even more deference. 

    Justice Frankfurter concurred, writing that the “martial necessity arising from the danger of espionage and sabotage” warranted the military’s evacuation order. 

    Justice Jackson dissented, arguing that the exclusion order legitimized racism that violated the Equal Protection Clause of the Fourteenth Amendment.