Korematsu Essay

1434 words - 6 pages

Jarvis EmeryDr. Eakins 14696Korematsu v. United StatesIn 1905 the parents of Fred Toyosaburo Korematsu migrated to the United States of America. Fred Korematsu was born January 30th 1919 in Oakland California, automatically making him an America citizen even though his parents were born in Japan. In 1942 the Japanese attack Pearl Harbor. After the attack Japanese Americans were now seen as a threat to the United States. The attcke hit Pearl Harbor with such quick and deadly force it lead to hatred of the Japanese overnight. That caused the United States to think that some Japanese Americans were spies. Due to the vulnerability that the United States was in they didn't want to give the Japanese anymore leverage than they already had. To keep any "spies" from contacting anyone to give any type of information that could harm the United States, President Franklin D. Roosevelt had issued "Executive Order 99066". That stated that decedents or immigrants from enemy nations who are seen as a threat to the United States security will report to assembly centers for internment. This order applied to over one hundred thousand Japanese who were living in America seventy percent were America citizens. (Nakao, 2004) and named no other ethnic groups. (Ogawa and Fox jr. pg135) They had to evacuate their homes, and business. They weren't being charged or guilty of anything, the Government was just being cautious until an investigation was set in motion.Mr. Fred Korematsu refused to go; on the count that he was an American. He was arrested for defying the Presidents order for not reporting to internment camps.That violated Korematsu's constitutional rights under the fourth amendment that states "The right of the people to secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issues, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." Based on key terms and phrases such as "unreasonable seizures, shall not be violated, and upon probable cause." Mr. Koremastu was sure that the government went too far and violated the constitution as well as his natural God given rights as a born on American soil citizen. Korematsu took his case to the regional court. He was first turned down, then he went to appeal, and once again he was turned down again Mr. Korematsu's lawyer appealed to the Supreme Court while he was in the relocation camp.The case of Koremastu v. United States was heard on the bases that President Franklin Roosevelt had violated the power giving to him by the Constitution. It was ruled on a 6-3 vote in favor of President Roosevelt. They (government) felt it was justified and qualified as "imminent peril"The decision of the court was delivered by Justice Hugo black. It was said the legal rights dealing with ethics groups are unfair, but are not always unconstitutional" (Black,...

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