Internment Camps: Unconstitutional Treatment Of Japanese Americans

did japanese internment camps go against the constitution

The Japanese internment camps, also known as relocation centers, were a result of the US government's efforts to address national security concerns during World War II, specifically after the Japanese attack on Pearl Harbor. These camps held individuals of Japanese ancestry, including both citizens and non-citizens, and the controversial nature of these camps has sparked significant debate over their constitutionality. The Supreme Court's decision in Korematsu v. United States upheld the constitutionality of these internment camps, but this ruling has since faced strong opposition and criticism, with some arguing that it violated the Equal Protection Clause of the Fourteenth Amendment and the Fifth Amendment.

Characteristics Values
Constitutionality of internment camps upheld by Supreme Court
Year of Supreme Court ruling 1944
Ruling upheld on the grounds of National security and prevention of espionage
Dissenting opinions Justice Robert Jackson, Justice Frank Murphy, Justice Sonia Sotomayor, Justice Ruth Bader Ginsburg
Dissenting opinion themes Legalization of racism, violation of civil rights, violation of the Equal Protection Clause of the Fourteenth Amendment
Rebuked/Overturned Yes/Yes
Year of overturning 2018
Compensation Reimbursement for property losses, restitution payments of $20,000 to each survivor, Civil Liberties Act of 1988 granting reparations

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The Supreme Court ruled in favour of the camps' constitutionality

The Supreme Court's ruling in Korematsu v. United States in December 1944 upheld the constitutionality of internment camps during World War II. The case involved Fred Toyosaburo Korematsu, a 23-year-old Japanese-American citizen who refused to comply with the order to evacuate from the West Coast and report to an internment camp. Korematsu was convicted of violating military orders and was sent to an assembly center. He challenged the constitutionality of the government's order, arguing that it violated the Fifth Amendment.

The Supreme Court, in a 6-3 decision, ruled that the federal government had the power to arrest and intern Korematsu under Presidential Executive Order 9066, issued by President Franklin D. Roosevelt. The order directed the military to isolate any citizen within a 60-mile-wide coastal area from Washington state to California and southern Arizona due to fears of a Japanese attack on the West Coast.

The majority opinion, joined by five other justices, held that the need to protect against espionage by Japan outweighed the rights of Americans of Japanese ancestry. Associate Justice Hugo Black wrote that "Korematsu was not excluded from the Military Area because of hostility to him or his race, but because the properly constituted military authorities... decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast."

The ruling has been widely criticized and considered one of the Court's most controversial decisions. Justices Robert Jackson and Frank Murphy strongly dissented, arguing that the order legalized racism and violated the Equal Protection Clause of the Fourteenth Amendment. Despite the rebukes, the decision was only formally overturned in 2018.

The Supreme Court's ruling in Korematsu set a precedent for the government's authority to take extreme measures during times of war, prioritizing national security over individual rights. However, it also highlighted the tension between civil liberties and national security, and the potential for abuse of power. The case continues to be studied and debated, serving as a reminder of the importance of upholding constitutional rights, even in times of crisis.

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The ruling has since been rebuked and overturned

The ruling by the Supreme Court in December 1944 that upheld the constitutionality of internment camps during World War II has been widely rebuked and criticised. The Korematsu v. United States decision ruled that the federal government had the authority to arrest and intern Fred Toyosaburo Korematsu, a 23-year-old Japanese-American citizen, under the Executive Order 9066 issued by President Franklin D. Roosevelt. This order authorised the forced removal of individuals deemed a threat to national security from the West Coast to relocation centers or internment camps, due to fears of espionage and sabotage.

The ruling has been criticised for legalising racism and violating the Equal Protection Clause of the Fourteenth Amendment. Justice Robert Jackson, in his dissent, argued that Korematsu was convicted of an act not typically considered a crime, and that national security concerns did not justify stripping Korematsu and other internees of their civil rights. The internment policy has been described as "the abhorrent and despicable treatment of minority groups" and compared to the actions of dictatorial regimes.

While the Korematsu decision has been formally rebuked, it was only officially overturned in 2018. In the intervening years, there have been efforts to provide redress and acknowledge the injustice of the incarceration. In 1948, the Japanese American Evacuation Claims Act was established, providing token payments for property losses incurred during internment. In 1988, President Ronald Reagan signed the Civil Liberties Act, which included an official apology and authorised a payment of $20,000 to each former detainee who was still alive. The legislation recognised that the government's actions were based on "race prejudice, war hysteria, and a failure of political leadership". By 1992, the U.S. government had disbursed over $1.6 billion in reparations to 82,219 Japanese Americans who had been incarcerated.

Additionally, on January 30, 2011, California observed the first annual "Fred Korematsu Day of Civil Liberties and the Constitution," honouring an Asian American in the United States for the first time. The state of Peru, which had also interned Japanese immigrants during World War II, offered an apology in 2011 through President Alan García. These actions demonstrate a recognition of the wrongs committed and a commitment to upholding civil liberties and rejecting racism.

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The camps were deemed a violation of the Fifth Amendment

The Japanese internment camps were a direct result of Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942. This order authorized the forced relocation and internment of Japanese Americans and individuals of Japanese descent, citing the need to protect against espionage and sabotage during World War II.

Fred Korematsu, a 23-year-old Japanese-American man, refused to comply with the order and challenged its constitutionality. He argued that Executive Order 9066 violated the Fifth Amendment to the United States Constitution, which protects the rights of Americans, including due process and equal protection under the law.

Korematsu's case, known as Korematsu v. United States, reached the Supreme Court in 1944. The Court ruled against Korematsu, upholding the constitutionality of the internment camps and setting a controversial precedent. The majority opinion, written by Associate Justice Hugo Black, asserted that the need to protect against espionage outweighed the rights of Americans of Japanese ancestry.

However, the dissenting opinions in the case strongly criticized the decision. Justice Robert Jackson, for example, argued that Korematsu's conviction was for "an act not commonly thought a crime," simply for being present in the state where he was a citizen. Justice Jackson and another dissenting Justice, Frank Murphy, also characterized the exclusion order as "the legalization of racism," violating the Equal Protection Clause of the Fourteenth Amendment.

Despite the rebukes and criticism that followed, the Korematsu decision was not formally overturned until 2018, in the case of Trump v. Hawaii. Chief Justice John Roberts confirmed the overturning of the decision, stating that the Court recognized it was "gravely wrong the day it was decided."

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The Fourteenth Amendment was also violated, according to Justice Frank Murphy

The Japanese internment camps were a direct result of the bombing of Pearl Harbor during World War II. This attack led to a wave of hysteria along the Pacific Coast, from Alaska to Southern California and the Hawaiian Islands, with fears of an imminent invasion of the West Coast. As a result, families of Japanese ancestry, including American citizens and small children, were forced to relocate to hastily built "relocation" camps further inland.

One notable individual, Fred Korematsu, a 23-year-old Japanese-American man, refused to comply with the exclusion orders and challenged their constitutionality. He argued that Executive Order 9066, issued by President Franklin D. Roosevelt, violated the Fifth Amendment, which protects the rights of Americans, including those of Japanese ancestry. Despite his efforts, Korematsu was convicted of violating military orders and sent to an assembly center.

In the Korematsu v. United States case, the Supreme Court ruled 6-3 that the federal government had the authority to arrest and intern Japanese-Americans under Executive Order 9066. This decision has since been heavily criticized and rebuked, although it was only formally overturned in 2018.

Justice Frank Murphy, in his dissenting opinion, strongly disagreed with the majority's ruling. He stated that the government's mass exclusion order was "the legalization of racism" and violated the Equal Protection Clause of the Fourteenth Amendment. He compared the treatment of Japanese-Americans to the abhorrent and despicable practices of dictatorial regimes, deeming the exclusion order as falling into the ugly abyss of racism.

Justice Murphy's dissent emphasized the unconstitutional nature of the evacuation program, highlighting that the detention of individuals of Japanese ancestry, regardless of their loyalty or citizenship, was unauthorized and inherently racist. His powerful words shed light on the injustice and racial discrimination perpetuated by the internment camps, providing a strong argument against the majority's decision and a lasting reminder of the importance of upholding equal protection under the law.

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The ruling has been described as the legalization of racism

The internment of Japanese Americans during World War II sparked constitutional and political debate. The Supreme Court's ruling in Korematsu v. United States, which upheld the constitutionality of the internment camps, has been widely criticized and described as the "legalization of racism."

Justice Frank Murphy, in his dissenting opinion in Korematsu, called the government’s mass exclusion order “the legalization of racism,” stating that it violated the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the abhorrent and despicable treatment of minority groups by dictatorial regimes, which the United States was fighting against. Justice Murphy argued that the exclusion order fell into the "ugly abyss of racism."

In subsequent years, the American internment policy has faced harsh criticism and has been condemned as unjust and motivated by racism and xenophobia rather than legitimate military necessity. The Commission on Wartime Relocation and Internment of Civilians (CWRIC), appointed to investigate the matter, found little evidence of Japanese disloyalty and concluded that internment was fueled by racism and war hysteria.

The Korematsu decision was rebuked but was only formally overturned in 2018. The ruling's legacy continues to be debated, with some arguing that it set a dangerous precedent for the legalization of racism and the erosion of civil liberties during times of national security concerns. The internment of Japanese Americans remains a dark chapter in American history, highlighting the importance of upholding constitutional rights and protecting minority groups from discrimination and injustice.

Frequently asked questions

Yes, the Japanese internment camps violated the US Constitution. The camps were created by the US government during World War II to isolate citizens of Japanese ancestry from the West Coast, in response to fears of an invasion by the Japanese Empire. The Supreme Court's Korematsu v. United States decision in 1944 upheld the constitutionality of these camps, but this decision has since been rebuked and criticized as "the legalization of racism". The Court's decision was only formally overturned in 2018.

The internment of Japanese Americans during World War II violated their constitutional right to due process through the courts. They were denied this right due to a perceived public danger, despite the fact that they had committed no crimes. The camps also resulted in the loss of private property without just compensation, as many individuals lost their homes, farms, and businesses.

The legal basis for the Japanese internment camps was Presidential Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942. This order authorized the military to evacuate all citizens of Japanese ancestry from a 60-mile-wide coastal area from Washington state to California and inland to southern Arizona. The Western Defense Command then issued Civilian Exclusion Orders, commanding all persons of Japanese ancestry to report to designated assembly points and relocation camps.

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