In the landmark case of Korematsu v. United States the Supreme Court was correct in the ruling because the executive order that was issued became a law to protect the country from persons that had close ethnic ties to the enemy and made all people that the government deemed a threat to national security into prisoners. Although this was against moral standards, it was a necessity at the time to protect the country. While it may seem that it was just the Japanese that were prosecuted, it was also Americans of German and Italian heritage that were also persecuted. This executive order infringed on the rights of American citizens based on their ethnic background. This isn’t right because as said in the constitution everyone has the right to life, liberty and the pursuit of happiness.
The majority opinion in the ruling of Korematsu v. United States. The majority opinion in this case was in favor of the United States. The court in this case argued that the executive order 9066 (….WHEREAS the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities….(illinois.edu) was legal because after the bombing of pearl harbor, the general population of the United States was in a state of chaos.
This ruling was made because, as stated in the previous paragraph, the population of the United States requires every possible protection against espionage to national-defence materiel, national-defence premises, and national-defence utilities. This included the arrest of whomever the United States government determined a threat to national security. As also said in my thesis statement, it may have seemed like just the japanese were prosecuted, it was not the case, as German and Italian Americans were also arrested.
In the previous case Kiyoshi Hirabayashi v. United States which was about violating the curfew order imposed by executive order 9066. This case was referenced in the majority opinion for the reason that in Korematsu v. United States, we cannot judge the decision of military officers of the reasoning that the Japanese population on the west coast might not be loyal citizens of the United States. With this reasoning the population of Japanese on the west coast should be sent to relocation camps until they don’t pose a threat to the security of the United States.
Dissenting opinion in the ruling of Korematsu v. United States The Dissenting opinion was delivered by Mr. Justice Roberts who said that he dissented because the “indisputable facts exhibit a clear violation of constitutional rights.” The exclusion of “all persons of Japanese ancestry, both alien and non-alien” is a breach of constitutional power. “In matters dealing with the military, we must give respect to the officers who are fully knowledgeable on the subject at hand.” ( Http://historymatters.gmu.edu/, n.d. Web. 04 Mar. 2014.)
Wherever martial law has...