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Korematsu v. United States

Background Fearful of West Coast security FDR issues Executive Order #9066 – military zones Anyone of Japanese ancestry removed to camps Korematsu does not report. Arguments: Korematsu: 4 th ,5 th ,8 th and 13 th amend. rights violated

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Korematsu v. United States

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  1. Background Fearful of West Coast security FDR issues Executive Order #9066 – military zones Anyone of Japanese ancestry removed to camps Korematsu does not report Arguments: Korematsu: 4th,5th,8th and 13th amend. rights violated Gov: Necessary to prevent spying, sabotage and protect citizens Korematsu v. United States

  2. Question before the Court? • Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

  3. Decision: Against Korematsu His rights not violated Military can do what is necessary in the interest of national security The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril." Impact 112,000 Japanese Americans held in camps till the war was over 1946 Executive Order was lifted by Truman 1980’s Congress authorizes payment of damages to those interred Korematsu v. US

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