The Us Constitution Essay

1439 words - 6 pages

The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United States citizens for prescribes military areas is warranted. In the months immediately following the Pearl Harbor attack the minority group of Japanese Americans, who, held the same race as the enemy empire, were given an order to evacuate, “Civilian Exclusion Order No. 34”, their homes in the West Coast. In the case of “Korematsu V. United States” Korematsu fought for his constitutional right as a United Stated citizen; Korematsu was arrested under the Act of Congress exclusion order no. 34, he appealed his case all the way to the Supreme Court and lost. The Supreme Court held the decision of the Circuit Court of Appeals, justly highlighting key points with regard to war times which cannot be overlooked; however, the dissenting justices provides compelling support for Korematsu’s constitutional rights, the government’s disguised purpose to segregate and intern every-one of Japanese American descent, the political mishandling of the Japanese American’s and racial discrimination.

The Supreme Court defends the government by upholding the Civilian Executive Order No. 34, asserting that it was made at the time of war. Mindful of the hardships during war times for all Americans, the Court implies that it is the responsibility of citizens to bear this burden, “We uphold the exclusion order …Not unmindful of the hardships…But hardships are part of war,…the burden is always heavier.” (Korematsu, 357). The hardship of one race seemed to outweigh that of another, no mention is made about the fact that the only race ordered to evacuate by reporting to Assembly Centers followed by indeterminate confinement to detention camps were Japanese Americans. The Supreme Court outlines that this case is about an exclusion order and not racial prejudice, “Our task is simply, our duty clear…we are specifically dealing with nothing but an exclusion order. To cast this case into the outlines or racial prejudice…merely confuses the issue.” (Korematsu, 358) Korematsu was a loyal citizen of the U.S., his loyalty was never attested; nevertheless, he faced charges against him because he refused to obey an order which singled him out because of his ancestry. “Guilt is personal and not inheritable” (Korematsu, 364). The military acted to...

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