Supreme Court Cases Period 1 Fall 2015

By: Matthew Bissette
Korematsu v. US (1944)
Background Information
During World War II, the United States government gave military order to exclude citizens of Japanese descent from areas that
were deemed critical areas of national defense, mostly the coasts. The government put them in something similar to
concentration camps like that of Hitler but not as extreme. Large masses of them were moved into designated areas where
they were required to live.
Constitutional Issue(s)
The constitutional issue here is that Korematsu felt the US government went way beyond their power to do this act. He felt his
rights were violated and he was not receiving the equal protection of the law. He felt Japanese people were being
discriminated against, but the US government felt it was necessary for the protection of the homeland.
Supreme Court Decision (Majority Opinion)
The court sided with the government and held the need to protect the United
States from espionage greater than the rights of people from Japanese descent.
The decision of the court case was justified under the circumstances of the
situation being of “emergency and peril”.
Precedent
It is constitutional to take away rights in cases of national defense to protect
from espionage
Concurring Opinion
Power to wage war is as much of a part of the constitution as provisions for
peace. The power to judge war must be judged in the context of war. Actions
should not be deemed lawless
Dissenting Opinion(s)
People shouldn’t be placed in camps just based off race. You need to prove that
the citizens were not loyal and were trying to corrupt the nation through
espionage.
Unfair to remove everyone of a certain race/descent from an area while allowing
people of other races to occupy the same area there.
Sources Cited (MLA)
Korematsu v. United States. “Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec. 1, 2015
Quick Links
https://www.oyez.org/cases/1940-1955/323us214
https://www.law.cornell.edu/supremecourt/text/323/214#writing-USSC_CR_0323_0214_ZC
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