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Korematsu V United States Essay

392 words - 2 pages

Christian Marble
SECTION #:22230408

Korematsu v. United States
U.S. Supreme Court 1944

In 1942, President Franklin Roosevelt signed the Executive Order 9066. This order allowed the United States military to section off parts of the US as military areas. In these areas they were trying to exclude specific groups of people from them. The group they were trying to exclude were the Japanese-Americans because they were believed to be acting as spies and sending signals to enemy submarines. The order requested that many Japanese-Americans leave their homes and ...view middle of the document...

Therefore, his conviction was upheld.

Does Congress and the Executive possess the power to exclude persons of racial minority groups from a areas in the United States?

The Supreme Court affirmed the conviction of Korematsu for violating the exclusion order forcing all persons of Japanese ancestry from designated military areas. The strict scrutiny test was applied here and the court found that the government's actions were valid.

Application of Rule:
This order was ruled constitutional because it was a priority to protect the country in a time of warfare rather than the individual rights of minorities.
The court stated that legal restrictions on the rights of a racial group will always be questionable and must be held to the most rigid scrutiny. However, they are not necessarily unconstitutional. They go on to say that everyone experiences hardship and sometimes exclusion is that hardship. When at war with hostile forces on United States soil, the power to protect the country must equal with the danger on the shores.

Who wins and why?
In the ruling in Korematsu v. United States, the United States prevailed victorious. It was stated that during a time of war, the government was allowed to pass certain laws that may not be legal in times of peace. Therefore stating that the safety of our nation is more important then individual rights.

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