This website uses cookies to ensure you have the best experience. Learn more

Korematsu V. United States Essay

1016 words - 4 pages

When is racial discrimination considered morally right? When is it considered constitutionally right? The first time racial discrimination was ever brought into the Supreme Court was the Korematsu v United States. (Source C) Korematsu v United States challenged the internment of Japanese Americans in World War II. The amendment affected in this case was the 5th Amendment which states no freedoms shall be deprived without due process of law. The final decision however stated that it was constitutionally fit to place Japanese Americans into internment camps.This case arose during the time of World War II. Japan was at war with the United States and there were uneasy feelings about the Japanese population in America. A presidential order was placed in 1942 by President Franklin Delano Roosevelt to place all of those with "Foreign enemy Ancestry" be sent to internment camps. (Source A) The order was a direct response to the Pearl Harbor bombing that took place in 1941. However a Japanese American man by the name of Fred Korematsu did not follow the Presidential order but instead challenged the order saying it violated the 5th Amendment. He was arrested for violating the order and taken to court.The ruling of the case was 6-3 leaning towards the United States. The reason behind the decision was that although Korematsu was correct in the idea that the US Government cannot take away your freedoms is unconstitutional. The US Government can commit this act because it deals with national security.Which was helped decided by a previous case of Hirabayashi v United States which was based off of racial discrimination. National Security is the outlet or "loop hole" that allows the Government to act in a certain way that would be deemed unconstitutional and in violation of the 5th Amendment. (Source D). Which was seen through Justice Black's statement "that the United States military was acting properly because the U.S. feared a possible invasion from Japan, thus making This temporary segregation of Japanese Americans was ruled to be constitutional on the basis of military urgency." (Source E)Though in the short term it had little practical effect. On the very same day, the Supreme Court reached a unanimous decision on "Ex parte Endo", ruling that the U.S. government could not continue to detain, in such situations as the Japanese internment camps, an individual that the government conceded was loyal to the United States. Less than three weeks later, on January 2, 1945, the exclusion order was rescinded. (Source F)Not all six Supreme Court Justices decided it was legal to send the Japanese Americans to internment camps after the bombing of Pearl Harbor. Opposing the decision was Justice Owen J. Roberts, Justice Frank Murphy, and Justice Robert H. Jackson. They did not have the same reason for disagreeing with the United States decision, but instead had three different ways that the internment of the Japanese Americans was considered unconstitutional.Source C...

Find Another Essay On Korematsu V. United States

Ohio V. United States Essay

627 words - 3 pages compelling the accused to be a witness against himself.” Then, the court reasoned that the search was unreasonable “ab initio” and it makes it a violation of the fourth amendment. Justice Black mentioned in his concurrence that if something is obtained illegally, it cannot be used again the appellant. The Boyd’s case was not the only case mentioned in the Mapp v. Ohio opinion. Additionally, Weeks v. United States (1914) was a case that

United States v Jones Essay

577 words - 3 pages Citation: United States v Jones/ United States courts of Appeals/ District of Columbia, 2012/132 S. Ct. 945 Facts: In 2004, the FBI initiated an investigation on Jones and other associates for a possible drug trafficking. During the investigation FBI agents obtained a warrant authorizing them to install a Global Positioning System tracking device on a Jeep, Jones used regularly. The warrant allowed agent to install the tracking device within

Violating Citzens' Rights in Fred Korematsu versus the United States

708 words - 3 pages a specified assembly area and/or be relocated to a detention center. (Korematsu v. United States , n.d.) He defied Executive Order 9066 and chose to remain in his home instead of being forcibly relocated to an internment camp. He was convicted at state level for this violation. He then appealed to the Supreme Court and his case was heard in 1944. (Konkoly, n.d.) The Supreme Court ruled against Korematsu with a six to three vote. The United

Olmstead V. United States (1928)

688 words - 3 pages Olmstead v. United States (1928) Opinion delivered by Chief Justice Taft Vote: 5-4 Case reached Supreme Court by writ of certiorari. Facts:      The evidence in the records discloses a conspiracy of amazing magnitude to import, possess, and sell liquor unlawfully. Involved were not less than fifty employees, two sea-going vessels for transportation of the goods to British Columbia, a ranch beyond the city limits of

Case: Olmstead v. United States

745 words - 3 pages Olmstead v. United States (1928)Opinion delivered by Chief Justice TaftVote: 5-4Case reached Supreme Court by writ of certiorari.Facts:The evidence in the records discloses a conspiracy of amazing magnitude to import, possess, and sell liquor unlawfully. Involved were not less than fifty employees, two sea-going vessels for transportation of the goods to British Columbia, a ranch beyond the city limits of Seattle with a large underground cache

Schenck v. United States: A Federal Crime

1938 words - 8 pages Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to

Equal-Law System in United States v. Nixon

1559 words - 6 pages to have a perfect union for themselves under the control of the law. Unfortunately, there are some people that do not conform to the law. For example, in 1972, President Nixon had been involved in the Watergate Scandal. This case is known as United States v. Nixon. President Nixon resigned his job after the Supreme Court made their judgment. This case proves that the equality of American judicial system is fair for everyone. The case of United

Violations in the Rulings of Schneck v. United States

1047 words - 5 pages The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court

United States v. Watt, 707F. Supp.2d 149

2818 words - 11 pages United States v. Watt, 707 F. Supp. 2d 149Executive SummaryIn United States v. Watt, the government was attempting to punish a fairly unchartered illegal crime of hacking and identity theft in the cyber environment. Stephen Watt was a brainy software engineer who got satisfaction out of writing programs that could infiltrate company's information system. His childhood friend Alberto Gonzalez wanted to take the information obtained by Watt's

United States V. Microsoft

1224 words - 5 pages Charges raised by US Government against MicrosoftIn 1998, a case was filed by the United States Department of Justice (DOJ) and twenty US States against Microsoft. The charges which were raised against Microsoft were:- That Microsoft Violated of section 2 of Sherman Act by engaging in monopolization through a series of anticompetitive acts designed mainly to maintain its monopoly power (The acts related with web browsers and Java). Section 2 of

Mandatory Vaccination in the United States: A Past and Present Examination of Jacobson v Massachusetts

1350 words - 6 pages by the U.S. Constitution, citing the Preamble and the 14th amendment; namely, Section 1 of the 14th amendment, which states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law” (4). The case progressed from the local court to the state supreme court, each time being upheld as

Similar Essays

Korematsu V. United States Essay

1257 words - 6 pages 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

Korematsu V. United States Essay

1050 words - 4 pages Korematsu v. United States Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on

Korematsu V. The United States Essay

2148 words - 9 pages group of Japanese Americans, who held the same race as the enemy empire, was given an order, “Civilian Exclusion Order No. 34”, to evacuate their homes in the West Coast. In the case of “Korematsu V. the United States”, Korematsu fought for his constitutional right as an US citizen. Arrested under the Act of Congress Exclusion Order No. 34; he appealed his case all the way to the Supreme Court. However, the Supreme Court upheld the decision of the

World War Ii: Korematsu V. United States

605 words - 2 pages The Supreme Court decision in Korematsu v. United States (December 1944) approved internment of Japanese Americans on a claim of " Military necessity"- the possibility of a Japanese attack on America's West Coast. The war power of congress and the executive to exclude those of Japanese ancestry from the west coast war area in which one's home is located is a far greater deprivation than constant confinement to the home from 8 p.m. to 6 a.m