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Violating Citzens' Rights In Fred Korematsu Versus The United States

708 words - 3 pages

The case of Fred Korematsu versus the United States involves violating a citizens rights when national security is at risk. Though this case reached the Supreme Court nearly seventy years ago, some aspects might be relevant today with the current War of Terror.
The grounds for the case began on February nineteenth in 1942. President Roosevelt gave the power to ban or remove American citizens that were of Japanese descent from areas of the country that were determined to be crucial to national security. (Lesson 5: The Supreme Court) Executive Order 9066 was established to prevent espionage and maintain domestic security and targeted all individuals of Japanese ancestry –alien and non-alien. ...view middle of the document...

The Supreme Court ruling was not favorable to all parties. Justice Robert Jackson issued a dissent in which he states “Korematsu has been convicted of an act not commonly thought a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." Justice Jackson continued on, stating that the current security concerns during the war did not warrant the removal of constitutionally protected rights of citizens, no matter the ancestry. Justice Robert Jackson also stated that the Supreme Court ruling hindered liberty far more than the original executive order did. His reasoning was that military orders, like Executive Order 9066, were likely to last only as long as the military situation lasted, while a Supreme Court ruling that validates unconstitutional actions lays the groundwork for future cases and then becomes a benchmark. (Konkoly, n.d.)
While this case has never been formally overturned, the Civil Liberties Act of 1988 included an apology and monetary retributions for those Japanese Americans affected by Executive Order 9066. Ten years later,...

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