Jonah Patel
The internment of Japanese Americans during World War II sparked constitutional and political debate. The incarceration of people, the majority of whom were US citizens, was based on suspicion and fear, with no evidence of disloyalty. This violation of civil liberties and constitutional rights saw families forced to sell their homes and businesses and move to remote \relocation centers\ or internment camps. The US Supreme Court's decision to uphold the federal law requiring Japanese Americans to report to assembly centers and internment camps has been criticised as a grave injustice and an aggregation of hardships.
| Characteristics | Values |
|---|---|
| The internment camps were based on race | The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is unlawful and outside the scope of Presidential authority |
| Violation of the Fifth Amendment | Fred Korematsu challenged the order on the grounds that it violated the Fifth Amendment |
| Violation of the Fourteenth Amendment | Justice Frank Murphy called the government’s mass exclusion order a violation of the Fourteenth Amendment |
| Violation of civil rights | The internment stripped Korematsu and the other internees of their constitutionally protected civil rights |
| Unconstitutional | Justice Jackson writes, "I do not think [the civil courts] may be asked to execute a military expedient that has no place in law under the Constitution." |
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What You'll Learn
Violation of the Fifth Amendment
The Japanese internment camps, established during World War II, were a direct result of President Franklin D. Roosevelt's Executive Order 9066. This order authorised the forced relocation and internment of individuals of Japanese ancestry, including both aliens and citizens, in designated camps away from the Pacific Coast. This decision was based on fears of espionage and invasion following the attack on Pearl Harbor.
While the Supreme Court upheld the constitutionality of these internment camps, the decision has since been rebuked and officially overturned in 2018. One of the primary reasons for this rebuke is the violation of the Fifth Amendment of the U.S. Constitution, which protects the rights of individuals, including the right to due process and protection from double jeopardy.
The Fifth Amendment states that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury". It also protects individuals from being "twice put in jeopardy of life or limb" and ensures that no one is compelled "in any criminal case to be a witness against himself". Additionally, it states that no one shall "be deprived of life, liberty, or property, without due process of law".
Fred Korematsu, a 23-year-old Japanese-American citizen, challenged the constitutionality of Executive Order 9066, arguing that it violated the Fifth Amendment. He refused to comply with the order to relocate and was subsequently arrested and convicted of violating military orders. Korematsu's case, "Korematsu v. United States", became a test case for challenging the constitutionality of the government's actions.
In his defence, Korematsu argued that he was being convicted of "an act not commonly thought a crime". He emphasised that his presence in the state was that of a citizen near his birthplace and lifelong residence. Justice Robert Jackson, in a dissenting opinion, supported this argument, contending that the nation's wartime security concerns did not justify stripping Korematsu and other internees of their constitutionally protected civil rights.
The internment of Japanese Americans and the violation of their Fifth Amendment rights had far-reaching consequences. Many individuals lost their homes, farms, businesses, and personal belongings. The Civil Liberties Act of 1988 acknowledged these injustices, with Congress offering restitution payments and an official apology for the evacuation, relocation, and internment of citizens and permanent resident aliens.
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'Legalization of racism'
The Japanese internment camps, established during World War II, have been a dark chapter in American history, with critics arguing that they went against the fundamental principles of the US Constitution. The Supreme Court's Korematsu v. United States decision, which upheld the constitutionality of these camps, has since been rebuked and overturned.
The case centred around Fred Korematsu, a 23-year-old Japanese-American citizen who refused to comply with the exclusion order and challenged its constitutionality. Despite his efforts, the Supreme Court ruled in a 6-3 decision that the government had the authority to arrest and intern Japanese-Americans under Executive Order 9066, issued by President Franklin D. Roosevelt. This order, enacted after the Japanese attack on Pearl Harbor, aimed to protect the safety of America's West Coast by allowing the isolation of citizens within a designated area.
However, Justice Frank Murphy, in a dissenting opinion, strongly criticized the decision, referring to it as "the legalization of racism." He argued that the exclusion order violated the Equal Protection Clause of the Fourteenth Amendment by explicitly targeting individuals based on their race. The dissent contended that national security concerns did not justify stripping Japanese-Americans of their constitutionally protected civil rights, including due process and protection from unreasonable searches and seizures.
Justice Robert Jackson joined the dissent, emphasizing that Korematsu was convicted for merely being present in the state where he was born and had lived his entire life. He warned that the precedent set by Korematsu could lead to the validation of racial discrimination and the erosion of constitutional rights, even beyond the context of wartime.
The Korematsu decision has been widely condemned in the years since, with Congress offering restitution payments and an official apology to survivors of the internment camps in 1988. The case remains a stark reminder of the dangers of prioritizing national security over the protection of civil liberties, and it continues to shape discussions on racial equality and the limits of government power.
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Unconstitutional suspension of due process
The Japanese internment camps during World War II were a direct result of the bombing of Pearl Harbor by the Japanese. This attack led to a wave of hysteria along the Pacific coast, from Alaska to Southern California and the Hawaiian Islands. In response, President Franklin D. Roosevelt issued Executive Order 9066 on February 19, 1942, authorizing the relocation of individuals of Japanese ancestry to internment camps.
This order resulted in a suspension of due process for those affected, as guaranteed by the Fifth Amendment of the U.S. Constitution. The Fifth Amendment states that no person shall be "deprived of life, liberty, or property, without due process of law." The internment camps often had barbed wire and guards in towers, resembling prisons. Japanese Americans were given only a few days to dispose of or make arrangements for their property, resulting in significant losses.
Fred Korematsu, a 23-year-old Japanese-American man, notably refused to comply with the relocation order and challenged its constitutionality. He argued that Executive Order 9066 violated the Fifth Amendment, but the Supreme Court ruled against him in Korematsu v. United States, upholding the constitutionality of the internment camps. This decision has since been rebuked and overturned, with Justice Robert Jackson strongly dissenting at the time, stating that the order convicted individuals of "an act not commonly thought a crime."
The suspension of due process during the Japanese internment was a direct violation of the constitutional rights of those affected. It resulted in the loss of liberty and property without the proper legal procedures being followed. The consequences of this suspension were significant and had a lasting impact on the lives of those interned.
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Imprisonment of US citizens
The imprisonment of US citizens in Japanese internment camps during World War II was a direct violation of their constitutionally protected civil rights. The Supreme Court's Korematsu v. United States decision, handed down in December 1944, ruled that the federal government had the authority to arrest and intern citizens of Japanese ancestry, based on fears of espionage and sabotage. This decision has since been rebuked and overturned, with Justice Robert Jackson 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".
Fred Korematsu, a 23-year-old Japanese-American citizen, refused to comply with the order to leave his home and challenged the constitutionality of Executive Order 9066, issued by President Franklin D. Roosevelt. The order authorized the U.S. War Department to establish military areas from which any Americans could be excluded, leading to the Western Defense Command ordering all persons of Japanese ancestry to relocate to internment camps. Korematsu was convicted of violating military orders and sent to an assembly center, despite his argument that the order violated the Fifth Amendment, which states that no person shall be deprived of life, liberty, or property without due process of law.
The dissenting opinion in the Korematsu case argued that the nation's wartime security concerns did not justify stripping citizens of their constitutional rights. Justice Frank Murphy referred to the government's actions as "the legalization of racism", violating the Equal Protection Clause of the Fourteenth Amendment. The imprisonment of US citizens in internment camps set a dangerous precedent, highlighting the importance of upholding constitutional rights, even during times of national emergency.
The Civil Liberties Act of 1988 served as a formal apology for the internment of Japanese Americans, with Congress providing restitution payments to survivors. The Korematsu decision and its impact on the lives of US citizens underscore the ongoing struggle to protect constitutional rights and ensure that similar violations do not occur again. The case remains a reminder of the importance of safeguarding the rights and freedoms guaranteed by the US Constitution, regardless of the circumstances.
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Mass exclusion based on race
The Japanese internment camps were a direct result of the attack on Pearl Harbor by Imperial Japan, which led to fears of an invasion of America's West Coast. President Franklin D. Roosevelt issued Executive Order 9066 on February 19, 1942, authorizing the removal of citizens of Japanese ancestry from the West Coast. This order was explicitly based on race, targeting "all persons of Japanese ancestry, including aliens and non-aliens". The Western Defense Command began issuing Civilian Exclusion Orders, forcing Japanese Americans to leave their homes and move into relocation camps, often surrounded by barbed wire and guarded by armed soldiers.
The mass exclusion of Japanese Americans was justified by the government as a necessary security measure to protect against espionage and invasion. However, this decision was highly controversial and has since been recognized as a violation of the constitutional rights of those affected. The Supreme Court's Korematsu v. United States decision in 1944 upheld the constitutionality of the internment camps, but this ruling has been rebuked and was only overturned in 2018.
The case of Fred Korematsu, a 23-year-old Japanese-American man who refused to comply with the exclusion orders, is particularly notable. Korematsu challenged the constitutionality of the government's orders, arguing that they violated the Fifth Amendment's protection against being "deprived of life, liberty, or property, without due process of law". He was convicted of violating military orders and sent to an Assembly Center in San Bruno, California. In his dissent, Justice Robert Jackson strongly criticized the conviction, stating that Korematsu had been convicted 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 further characterized the exclusion order as "the legalization of racism", violating the Equal Protection Clause of the Fourteenth Amendment. He compared the treatment of Japanese Americans to the "abhorrent and despicable treatment of minority groups by dictatorial tyrannies". Despite the dissenting opinions, the majority ruling upheld the constitutionality of the internment camps, prioritizing national security concerns over the civil rights of Japanese Americans.
In conclusion, the mass exclusion of Japanese Americans during World War II, as exemplified by the Korematsu case, represented a clear instance of racial discrimination and a violation of constitutional rights. The internment camps, justified by national security concerns, deprived Japanese Americans of their liberty and property without due process, solely on the basis of their race and ancestry. While the Supreme Court initially upheld the constitutionality of these measures, the decision has since been widely criticized and officially overturned, recognizing the injustice inflicted on Japanese Americans during one of the darkest chapters in American history.
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Frequently asked questions
In December 1944, the Supreme Court ruled that the federal government had the power to arrest and intern Fred Toyosaburo Korematsu, upholding the constitutionality of internment camps during World War II. This decision was rebuked and finally overturned in 2018.
Justices Robert Jackson and Frank Murphy dissented from the majority opinion, arguing that the government's order violated the Equal Protection Clause of the Fourteenth Amendment and stripped Korematsu and the other internees of their constitutionally protected civil rights. They characterized the order as "the legalization of racism".
The Korematsu decision set a precedent for the suspension of constitutional rights during wartime. Critics argue that it should not be referenced as legal precedent, as it violated the fundamental principles of the Constitution.
Families of Japanese ancestry lost their homes, farms, businesses, and most of their private belongings. Congress provided reimbursement for property losses in 1948, and in 1988, survivors of the camps received restitution payments of $20,000 each, along with an official apology from the U.S. government.
The relocation camps were surrounded by barbed wire and had guards in towers around the perimeter, resembling prisons. Japanese Americans were forced to move into these camps, often with little time to make arrangements for their property.
