
The internment of Japanese Americans during World War II is a dark chapter in American history. Following the Japanese attack on Pearl Harbor, President Franklin D. Roosevelt signed Executive Order 9066, authorizing the removal of people of Japanese ancestry from designated military areas and their communities. This resulted in the forced relocation of over 100,000 Japanese individuals to government-established detention camps, with two-thirds being American citizens. The controversial Supreme Court decision in Korematsu v. United States upheld the constitutionality of these internment camps, citing military necessity and national security concerns. However, this ruling has since faced harsh criticism and was rebuked for violating civil liberties and constitutional rights, with Congress offering restitution and an official apology in 1988. The case continues to spark debate, with parallels drawn to modern-day policies and a recent overturning of the decision in 2018.
| Characteristics | Values |
|---|---|
| Constitutionality of Japanese Internment | The Supreme Court upheld the constitutionality of internment camps during World War II |
| Korematsu v. United States | The Supreme Court ruled that the federal government could arrest and intern Japanese Americans under Executive Order 9066 |
| Hirabayashi v. United States | The Court unanimously upheld the curfew law for Japanese Americans in Military Area 1, but did not address the constitutionality of the exclusion and internment order |
| Ex parte Mitsuye Endo | Justice Murphy stated that the detention of Japanese Americans in Relocation Centers was unauthorized by Congress and was an example of unconstitutional racism |
| Trump v. Hawaii | Chief Justice Roberts stated that the forcible relocation of U.S. citizens to concentration camps based on race is unlawful and outside the scope of Presidential authority |
| War Powers | The federal government's war powers, provided by the Constitution, were cited as justification for the internment of Japanese Americans |
| National Security | Justice Black argued that the federal government's orders were based on national security and military necessity, not race or ancestry |
| Civil Liberties | The internment of Japanese Americans resulted in the denial of civil liberties and sparked constitutional and political debate |
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What You'll Learn

The Korematsu v. United States decision
The case centered around Fred Korematsu, a 23-year-old Japanese-American man who refused to obey the order to relocate from his residence in California. He argued that Executive Order 9066, issued by President Franklin D. Roosevelt in 1942, violated the Fifth Amendment to the United States Constitution. The order authorized the Secretary of War and military commanders to evacuate all persons deemed a threat from the West Coast to internment camps, which the government called "relocation centers."
Korematsu was arrested and convicted of violating the law requiring him to report to an assembly center and was sentenced to five years in prison. He appealed his conviction directly to the U.S. Supreme Court, which upheld the federal law requiring Japanese Americans in the Pacific coastal region to report to assembly centers for likely relocation and internment. The Court's justification for upholding the law was based on the war powers of the federal government provided by the Constitution.
Justice Hugo Black, who wrote the majority opinion, denied that the case had anything to do with racial prejudice. He argued that Korematsu was excluded from the Military Area because of national security and military necessity, not because of hostility towards him or his race. However, the decision has been criticized for upholding racial discrimination and violating civil liberties.
In 1980, Congress established a commission to evaluate the events leading up to Executive Order 9066 and its impact on citizens and residents. The commission concluded that the Korematsu decision had been "discredited or abandoned" and had no place in law under the Constitution. In 2018, Chief Justice John Roberts repudiated the Korematsu decision in the case of Trump v. Hawaii, confirming that the Court had overruled it.
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The Hirabayashi case
Gordon Kiyoshi Hirabayashi was an American sociologist, best known for his resistance to the Japanese-American internment during World War II, and the court case which bears his name, Hirabayashi v. United States. Born in Seattle to a Christian family, Hirabayashi graduated from Auburn Senior High School and went on to attend the University of Washington, where he participated in the YMCA and became a religious pacifist.
During World War II, Hirabayashi turned himself in to the FBI for disobeying the curfew imposed on persons of Japanese descent, and announced his intention to defy the impending removal order. He was arrested and convicted for violating General DeWitt's curfew order and refusing to register at a control station in preparation for transportation to an internment camp. Hirabayashi believed that the President's executive orders and the federal laws supporting them were racially discriminatory violations of the U.S. Constitution. He stated, "I must maintain the democratic standards for which this nation lives... I am objecting to the principle of this order which denies the rights of human beings, including citizens."
Hirabayashi's case reached the U.S. Supreme Court, which unanimously ruled against him, upholding the curfew order. However, three Justices filed separate opinions with reservations about the Court's decision. Justice Frank Murphy wrote a concurring opinion that expressed concern about the restriction of personal liberty based on race or ancestry, stating that it went "to the very brink of constitutional power."
In 1986 and 1988, Hirabayashi's convictions were overturned by lower courts due to revelations about the suppression of evidence by federal attorneys. In 1999, the Catalina Federal Honor Camp, where Hirabayashi served his sentence, was renamed the Gordon Hirabayashi Recreation Site. In 2012, President Barack Obama posthumously awarded Hirabayashi the Presidential Medal of Freedom for his stand against Japanese-American internment.
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National security and military necessity
The internment of Japanese Americans during World War II was a highly controversial episode in American history that sparked constitutional and political debate. The Supreme Court's Korematsu v. United States decision upheld the constitutionality of the internment, citing national security and military necessity.
In the case of Korematsu v. United States, the Supreme Court ruled that the federal government had the power to arrest and intern Fred Toyosaburo Korematsu, a 23-year-old Japanese-American man, under Presidential Executive Order 9066. Issued by President Franklin D. Roosevelt in February 1942, this order authorized the Secretary of War and military commanders to evacuate all persons deemed a threat from the West Coast to internment camps, referred to as "relocation centers." The Western Defense Command, a U.S. Army military command, ordered "all persons of Japanese ancestry, including aliens and non-aliens" to relocate to these camps.
Justice Hugo Black, who wrote the majority opinion, acknowledged the hardships endured by Japanese American citizens like Korematsu due to the federal order. However, he justified the decision by stating that these actions were necessary for national security and military reasons, rather than racial discrimination. Black argued that the need to protect against espionage by Japan outweighed the rights of Americans of Japanese ancestry. He asserted that Korematsu's exclusion from the Military Area was not due to hostility towards him or his race but was a response to the war with the Japanese Empire and the fear of an invasion of the West Coast.
The Korematsu decision has faced significant criticism and has been rebuked, with some arguing that it set a dangerous precedent for racial discrimination and the infringement of civil liberties. In 2014, Justice Antonin Scalia warned that while the decision upheld the internment, it could happen again during wartime. In 2018, Chief Justice Roberts wrote that the Court had overruled Korematsu, stating that "the forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority."
In conclusion, the constitutionality of the internment of Japanese Americans during World War II was a highly contested issue. The Supreme Court's Korematsu decision, which has since been rebuked, upheld the internment based on national security and military necessity. However, critics argue that the decision infringed on civil liberties and that racial discrimination played a significant role in the internment.
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The role of the President and the federal government
The internment of Japanese Americans during World War II was a result of Executive Order 9066, issued by President Franklin D. Roosevelt on February 19, 1942. This order authorized military commanders to forcibly remove all persons deemed a threat to national security from the West Coast to "relocation centers" or internment camps further inland. Approximately 122,000 people, including 70,000 American citizens, were incarcerated, losing their personal liberties, homes, and property.
Lobbyists from western states pressured Congress and the President to remove persons of Japanese descent from the West Coast, citing competing economic interests and nativist sentiments. The Department of Justice raised constitutional and ethical objections during congressional committee hearings, but the U.S. Army ultimately carried out the task. The West Coast was divided into military zones, and military commanders were authorized to exclude civilians from these areas, specifically targeting those of Japanese ancestry.
The federal government justified the internment as a military necessity and a matter of national security, arguing that it was not based on race or ancestry. However, many, including Justice Robert Jackson, disagreed, stating that the internment stripped Japanese Americans of their constitutionally protected civil rights. In 1943, President Roosevelt promised a return to the West Coast for some Japanese Americans, but the evacuation of internment camps was a slow process, and many incarcerees had no homes or jobs to return to.
In 1988, Congress passed and President Reagan signed the Civil Liberties Act of 1988, acknowledging the injustice of internment, apologizing for it, and providing compensation to those who were incarcerated. This act recognized the denial of civil liberties and the unconstitutional nature of the internment. Additionally, in 1983, a federal judge overturned Korematsu's conviction, clearing his name, and in 2018, Chief Justice Roberts stated that the Supreme Court had overruled the Korematsu decision, confirming that the internment was outside the scope of Presidential authority.
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Civil liberties and constitutional rights
The internment of Japanese Americans during World War II sparked intense debate about civil liberties and constitutional rights. Many Japanese Americans were forcibly relocated to internment camps, raising questions about the balance between national security and individual freedoms. This episode in American history highlights the complex interplay between civil liberties and national security concerns during times of crisis.
One of the key issues was the violation of civil liberties, particularly the right to freedom of movement and due process. Japanese Americans were subjected to curfew laws, exclusion zones, and forced relocation, with little regard for their constitutional rights. The federal government's actions were based on Executive Order 9066, issued by President Franklin D. Roosevelt in February 1942, which authorized the evacuation of individuals deemed a threat from the West Coast to inland internment camps. This order was a response to fears of espionage and invasion following the Japanese attack on Pearl Harbor.
However, the constitutionality of these actions was highly contested. Three Japanese-American citizens, Gordon Hirabayashi, Fred Korematsu, and Mitsuye Endo, legally challenged the forced relocation orders. Hirabayashi and Korematsu received negative judgments, with the Supreme Court upholding the constitutionality of their internment in the Korematsu v. United States case in 1944. The Court ruled that the federal government had the power to arrest and intern Korematsu under Executive Order 9066, citing national security and military necessity. Justice Black, while acknowledging the hardships endured by Japanese Americans, argued that the federal government's actions were not directed against them because of their race or ancestry.
On the other hand, Justice Murphy dissented, expressing concern about the substantial restriction of personal liberty based on race and ancestry. He believed that the internment of Japanese Americans was an unconstitutional resort to racism. Similarly, Justice Jackson dissented, stating that the forcible relocation of U.S. citizens to concentration camps based solely on race was objectively unlawful and outside the scope of presidential authority. Over time, the Korematsu decision has been widely rebuked and is considered to have "no place in law under the Constitution." In 2018, the Supreme Court formally overruled the decision, acknowledging its grave wrongs and affirming the importance of upholding civil liberties and constitutional rights, even in times of war.
The Japanese-American internment during World War II serves as a stark reminder of the fragility of civil liberties and the importance of upholding constitutional rights for all individuals, regardless of race or ancestry. It highlights the need for a vigilant protection of civil liberties, especially during periods of national crisis, to ensure that the rights and freedoms of all citizens are respected and preserved.
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Frequently asked questions
Yes and no. In 1944, the Supreme Court ruled in a 6-3 decision that the internment was constitutional as it was a military necessity. However, in 2018, the Supreme Court overturned this decision, ruling that the internment was in fact a violation of constitutional rights.
This was the 1944 Supreme Court decision that ruled in favour of the constitutionality of the internment. The case was brought by Fred Korematsu, a 23-year-old Japanese-American man who refused to leave the exclusion zone and challenged the order on the grounds that it violated the Fifth Amendment.
Yes, in 1988, Congress awarded restitution payments of $20,000 to each survivor of the camps and apologised "on behalf of the people of the United States for the evacuation, relocation, and internment" of Japanese-American citizens.

























