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Korematsu v. US - Coggle Diagram

- - - - Emphasized national security over racial discrimination. The war powers of the President and Congress written in the Constitution provides justification.
        
        Admits exclusion orders forced citizens of Japanese ancestry to hardship, "but hardships are a part of war, and war is an aggregation of hardships."
        
        Justification lacked support and substance and did not elaborate on Korematsu's appeal of constitutional rights of due process (5th Amendment).
    - - Justice Roberts: It is not justified that a citizen is imprisoned solely due to his ancestry.
        
        Justice Murphy: Exclusion orders violated the right of citizens to due process. The major opinion promotes the legalization of racism, which is unjustifiable. Secondly, he admitted that military necessity in a national crisis is justifiable, but only to the extent it can prove a public danger so "immediate, imminent, and impending".
        
        Justice Jackson: Concerned about the future precedents of the case, saying that the military order will not last as long as the military emergency, but if the Court discriminates races in criminal procedures, anyone in the future can use this with merely a plausible claim of crisis.
- - - - Congress passed law providing $20K to each of approximately 60K surviving internees.
        
        Resolutions
        
        Civil Liberties Act signed byb Ronald Reagan on August 10, 1988, granting redress of $20,000 and formal presidential apology to all surviving Japanese Americans and legal Jpanese immigrants who were incarcerated during WWII.
        
        President Harry Truman signed the Japanese American Evacuation Claims Act in 1948, allowing Japanese Americans to file claims for loss and damage of property.
        
        "Congress recognizes that. . . . a grave injustice was done to both citizens and permanent resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II." It goes on to state that "these actions were carried out without adequate security reasons and without any acts of espionage or sabotage, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership."
- - - - Korematsu lied about his ethnicity as a Mexican American, but he was eventually tried for refusing to leave his home in San Francisco during the Exclusion Order Number 34.
        
        Second Executive Order on March 18, 1942 established the War Relocation Authority responsible for relocating the Japanese quicker.
        
        ARREST: Korematsu failed to submit to his relocation center on May 3, 1942, Exclusion Order Number 34. Arrested May 30.
        
        The Nisei Order was issued to evacuate all U.S. born individuals of Japanese immigrants from the southern California terminal islands, evacuating them with only what they could carry.
      - In order to prevent war crimes, the Military was allowed to transport individuals of Japanese ancestry into restricted areas where they designated curfews.
      - Japanese Americans were seen as potential spies.
  - - - December 7, 1941 Pearl Harbor attack; December 8, US declares war against Japan
        
        February 19, 1942 President Franklin D. Roosevelt signs Executive Order 9066.
        
        March 27, 1942 Civilian Exclusion Order issued; Korematsu jailed for violating order at age 23.
        
        February 19, 1943 Appellate Court hears Korematsu, Hirabayashi, and Yasui cases
        
        March 27, 1943 Appellate Court appeals the Supreme Court and does not decide
        
        April 5, 1943 Supreme Court hears all three cases
        
        1 more item...
  - - - Dec 8, 1944, Supreme Court deliveers opinion
- - - - The barracks and halls were quickly removed after the camp's closure, two months after the end of WWII, and the place was abandoned. Historical significance and civil attention helped designate the site as historical on March 3, 1992.
        
        Currently, the National Parks Service administers to the 814-acred location $642K annually, including the transformation of the original auditorium into a staffed visitors' center. A replica of a wooden barrack has been constructed, and a free museum exhibits photos, letters, artifacts, and documents as well as a bookstore to offer more information on the internment.
- - - - Families lived in vacant horse stalls and tar-paper barracks. Lack of privacy: communal toilets, dining, and laundry.
    - - Most adults worked for small wages in departments headed by European American Administrators and staffed by Japanese Americans.
        
        Japanese Americans organized religious services, adult educational classes, recreational and cultural events.
        
        By the end of 1942, they were allowed to depart the camps to work and serve in the military. As other women in society shifted into the industrial field, Japanese American women worked in the domestic field.
      - Manzanar and Tule Lake in California; Minidoka in Idaho; Topaz in Utah; Poston and Gila River in Arizona; Heart Mountain in Wyoming; Granada (Amache) in Colorado; and Rohwer and Jerome in Arkansas
- - - - Legal historian and attorney, Peter Irons, and researchers Aiko Herzig-Yoshinaga and her husband developed legal teams to represent Hirabayashi, Yasui (two similar court cases), and Korematsu to uncover evidence proving the incarceration of Japanese Americans as unconstitutional.
        
        They executed the uncommon writ of Coram Nobis to petition a reverse of the past conviction.
        
        [Coram Nobis] Latin for "our court". Used when an error of fact is brought before the trial court and their past judgement set aside. This occurs after the decision of the appellate court, which cannot be reversed without the writ of coram nobis. (https://search.credoreference.com/content/entry/mcfcpus/coram_nobis/0)
        
        "Before his death in 2005, Fred Korematsu was awarded the Presidential Medal of Freedom by President Bill Clinton, and he spoke against the discrimination of Americans of Middle Eastern descent after 9-11."