Omar Bennett
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal and detention of Japanese Americans from the West Coast to inland relocation centers. This order, while not explicitly mentioning any ethnic group, resulted in the incarceration of over 100,000 people, primarily those of Japanese descent, in camps with armed guards and barbed wire. The constitutionality of the order was challenged in the famous case of Korematsu v. United States, where Fred Korematsu argued that the order violated the Fifth Amendment, resulting in his conviction and appeal to the Supreme Court. Despite dissenting opinions highlighting the violation of constitutional rights and racial discrimination, the Supreme Court upheld the order as a military necessity. The controversial nature of Executive Order 9066 and its impact on civil liberties have been widely criticized, leading to restitution and an official apology by Congress in 1988.
| Characteristics | Values |
|---|---|
| Date of Order | February 19, 1942 |
| Issued by | President Franklin D. Roosevelt |
| Targeted | People of Japanese ancestry |
| Nature of Violation | Violated the Fifth Amendment; legalized racism; violated the Fourteenth Amendment; violated constitutionally protected civil rights |
| Number of People Impacted | 100,000+ detained and moved to camps |
| Number of Camps | 10 |
| Total Number Interned | 120,000 |
| Compensation | $20,000 to each survivor of the camps in 1988 |
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What You'll Learn
Violation of the Fifth Amendment
Executive Order 9066, signed by President Franklin D. Roosevelt in February 1942, authorized the War Department to create military areas from which any or all Americans could be excluded and provided for the transport, lodging, and feeding of displaced persons. The order was issued in response to the Japanese attack on Pearl Harbor and was intended to protect against espionage and sabotage. However, it also resulted in the internment of Japanese Americans and the removal of many of their constitutional protections.
One notable case involving Executive Order 9066 is Korematsu v. United States (1944). Fred Korematsu, a 23-year-old Japanese-American man, refused to obey the order to relocate and was arrested and convicted of violating the order. He argued that Executive Order 9066 violated the Fifth Amendment of the Constitution because habeas corpus had not been suspended and his right to liberty was being infringed upon.
The Fifth Amendment to the United States Constitution guarantees several rights, including the right to due process and the prohibition of the taking of private property without just compensation. In the context of Executive Order 9066, the violation of the Fifth Amendment relates specifically to the right to liberty and the concept of habeas corpus.
Habeas corpus is a legal principle that protects individuals from unlawful detention or imprisonment. It allows individuals to seek relief from arbitrary or unlawful custody and brings them before a court to determine if their detention is lawful. By interning Japanese Americans without evidence of individual wrongdoing, Executive Order 9066 effectively denied them the right to habeas corpus and violated their liberty rights guaranteed under the Fifth Amendment.
In his challenge, Korematsu argued that the government's action was not based on military necessity. He presented evidence, including the Ringle Report, which concluded that very few Japanese individuals posed a risk and that most of those who did were already in custody when the Executive Order was enacted. Despite this evidence, the Supreme Court ruled against Korematsu, upholding the government's power to arrest and intern Japanese Americans under Executive Order 9066.
The Korematsu decision has been widely criticized and described as "an odious and discredited artifact of popular bigotry." It is often cited as one of the worst Supreme Court decisions in history. While the Court's opinion, written by Justice Hugo Black, denied that the case was based on racial prejudice, the decision has been repudiated in subsequent cases, acknowledging the violation of constitutional rights.
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Racism and violation of the Fourteenth Amendment
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal and incarceration of Americans of Japanese ancestry in "relocation centers" or internment camps. This order was a response to the Japanese attack on Pearl Harbor and was based on fears for the safety of America's West Coast. While the order itself did not specify any particular ethnic group, its implementation by the Western Defense Command specifically targeted Japanese Americans, with “all persons of Japanese ancestry, including aliens and non-aliens” being ordered to evacuate and relocate.
The Fourteenth Amendment to the United States Constitution guarantees several protections, including the Equal Protection Clause, which requires that all persons be treated equally under the law. Executive Order 9066, in practice, violated the Equal Protection Clause by specifically targeting Japanese Americans for removal and incarceration based solely on their race and ancestry. This discriminatory treatment was a direct result of racial prejudice and xenophobia, as Japanese Americans were perceived as a threat to national security simply because of their ethnic background.
The Supreme Court case Korematsu v. United States (1944) directly addressed the constitutionality of Executive Order 9066. Fred Korematsu, a 23-year-old Japanese-American man, challenged the order on the grounds that it violated his constitutional rights under the Fifth Amendment. While the Court ultimately ruled against Korematsu, the case highlighted the racial injustice and violation of equal protection rights inherent in the order.
It is important to note that the Fourteenth Amendment was not the primary focus of the Korematsu case, as the Fifth Amendment was the main constitutional issue addressed. However, the broader implications of the case and the historical context underscore the racial discrimination and violation of equal protection rights under the Fourteenth Amendment. The incarceration of Japanese Americans during World War II remains a dark chapter in American history, and the violation of their constitutional rights under Executive Order 9066 is a stark reminder of the dangers of racial prejudice and the importance of upholding equal protection under the law.
In conclusion, Executive Order 9066, through its discriminatory targeting and incarceration of Japanese Americans, violated the Equal Protection Clause of the Fourteenth Amendment. The racial prejudice underlying the order and its implementation resulted in the denial of equal rights and liberties for Japanese Americans, highlighting the urgent need for constitutional safeguards against such injustices.
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Unconstitutional criminal procedure
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal and detention of individuals deemed a threat to national security, specifically targeting Japanese Americans. This order led to the incarceration of approximately 120,000 people, with two-thirds being Japanese Americans, in internment camps across the nation. While the order did not explicitly mention Japanese Americans, its implementation resulted in the violation of their constitutional rights, as evident in the case of Fred Toyosaburo Korematsu, who refused to comply and challenged the constitutionality of the order.
Korematsu v. United States became a landmark case in which Korematsu argued that Executive Order 9066 violated the Fifth Amendment to the United States Constitution, asserting that his constitutional rights as a citizen were infringed upon. He was arrested and convicted for failing to report to a relocation center, becoming a test case to challenge the government's actions. The Supreme Court, in a controversial 6-3 decision, ruled that the detention was a "military necessity" and affirmed the conviction, prioritizing national security concerns over individual rights.
The dissenting opinions in the Korematsu case provide crucial insights into the unconstitutional nature of the criminal procedure. Justice Robert Jackson argued that Korematsu was convicted for "being present in the state whereof he is a citizen," highlighting the unjust nature of the crime. Justice Frank Murphy strongly opposed the order, calling it "the legalization of racism" and a violation of the Equal Protection Clause of the Fourteenth Amendment. He likened the treatment of Japanese Americans to the abhorrent practices of dictatorial regimes, emphasizing the racial discrimination inherent in the order.
The Korematsu decision has since been criticized and formally repudiated, with Justice Sonia Sotomayor stating that it was "gravely wrong the day it was decided" and had "no place in law under the Constitution." The case set a precedent for racial discrimination in criminal procedure, as it validated the principle of race-based decision-making in the justice system. The Civil Liberties Act of 1988 marked a significant step as Congress apologized for the evacuation, relocation, and internment of Japanese Americans, acknowledging the injustice they endured.
In conclusion, Executive Order 9066, while claiming to address national security concerns, resulted in the unconstitutional criminal procedure of targeting and detaining Japanese Americans based on their race and ancestry. The Korematsu case brought to light the violation of constitutional rights and sparked ongoing discussions about racial discrimination and the limits of government power during times of war.
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Violation of civil rights
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal and detention of all persons deemed a threat to national security from designated areas on the West Coast of the United States. While the order did not specifically mention Japanese Americans, it resulted in their mass incarceration and violation of civil rights.
The order led to the relocation of over 100,000 people, with about two-thirds of them being Japanese Americans, including American citizens, who were born in the United States. They were forced to leave their homes and businesses and move to "relocation centers" or internment camps, which were guarded by armed forces and surrounded by barbed wire. This forced removal and detention violated the civil rights of these individuals, who lost their freedom and were treated as security threats based solely on their race and ancestry.
Fred Toyosaburo 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 equality before the law. Korematsu's case, known as Korematsu v. United States, went all the way to the Supreme Court. The Court, however, ruled that the federal government had the power to arrest and intern Korematsu under the executive order, citing national security concerns.
Despite the Supreme Court's ruling, there were dissenting opinions from several justices who strongly argued that Korematsu's constitutional rights had been violated. Justice Robert Jackson contended that Korematsu was convicted for "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." He and other dissenting justices, such as Justice Frank Murphy, highlighted the racism inherent in the exclusion orders and the violation of the Equal Protection Clause of the Fourteenth Amendment. They believed that the nation's wartime security concerns did not justify stripping Korematsu and other internees of their constitutionally protected civil rights.
The American internment policy resulting from Executive Order 9066 has since been harshly criticized and recognized as a shameful chapter in the nation's history. In 1988, Congress passed the Civil Liberties Act, which included an apology "on behalf of the people of the United States for the evacuation, relocation, and internment" of Japanese Americans and provided restitution payments to survivors. This acknowledgment and redress reflect a belated recognition of the civil rights violations suffered by those impacted by Executive Order 9066.
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Unlawful removal of citizens
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal and internment of citizens deemed a threat to national security. While the order did not specifically mention Japanese Americans, it resulted in the incarceration of over 100,000 individuals of Japanese ancestry, two-thirds of whom were American citizens. This marked a violation of citizens' rights, as it entailed the unlawful removal and detention of individuals based on their race and ancestry.
The order was issued in response to fears for the safety of America's West Coast following the Japanese attack on Pearl Harbor. Roosevelt directed the military to isolate citizens, if necessary, from a 60-mile-wide coastal area stretching from Washington state to California and extending into southern Arizona. This area was designated as a military zone, from which certain civilians could be excluded.
The implementation of Executive Order 9066 resulted in the violation of citizens' rights, specifically those of Japanese ancestry. Fred Korematsu, a 23-year-old Japanese-American man, refused to comply with the order and challenged its constitutionality. He argued that the order violated the Fifth Amendment to the United States Constitution, which protects individuals from being punished for acts they did not commit and guarantees due process. Korematsu was arrested and convicted, and his case, Korematsu v. United States, went up to the Supreme Court.
The Supreme Court ruled in a 6-3 decision that the federal government had the authority to arrest and intern Korematsu under Executive Order 9066. The Court's decision sparked dissent from Justices Robert Jackson, Frank Murphy, and Owen Roberts, who argued that Korematsu's constitutional rights had been violated. Justice Jackson asserted that Korematsu was convicted of an act not typically considered a crime, which was merely being present in the state where he was a citizen and had lived his entire life. Justice Murphy denounced the government's actions as "the legalization of racism," violating the Equal Protection Clause of the Fourteenth Amendment.
The unlawful removal and detention of citizens of Japanese ancestry under Executive Order 9066 had lasting impacts. Congress passed the Civil Liberties Act of 1988, which included an apology "on behalf of the people of the United States for the evacuation, relocation, and internment of such citizens and permanent resident aliens." Restitution payments of $20,000 were awarded to survivors of the internment camps, acknowledging the injustice inflicted upon these individuals.
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Frequently asked questions
Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942, authorized the forced removal of all persons deemed a threat to national security from the West Coast to "relocation centers" further inland, resulting in the incarceration of Japanese Americans.
Executive Order 9066 was challenged on the grounds that it violated the Fifth Amendment to the United States Constitution and was thus unconstitutional. Justice Frank Murphy called the government’s mass exclusion order “the legalization of racism,” violating the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the “abhorrent and despicable treatment of minority groups.”
The Supreme Court ruled in a 6-3 decision that the federal government had the power to arrest and intern Fred Toyosaburo Korematsu under Executive Order 9066. However, the dissenting Justices, including Justices Jackson, Murphy, and Roberts, argued that Korematsu's constitutional rights had been violated, with Justice Jackson stating that the case had "no place in law under the Constitution." In subsequent years, the American internment policy has been met with harsh criticism, and Congress awarded restitution payments to survivors of the camps in 1988.
