28th March, 2010
Racism, no matter where you go you’ll find it. But, where you don’t expect to find it is your very own government’s eyes. One example of this is the case Korematsu V. US.
In the case of Korematsu, many Japanese citizens were imprisoned for safety reasons concerning the war that had started with Japan, after the attack on Pearl Harbor. The imprisonment started after the issue of Executive Order 9066, in which the president stated that all commanders under the secretary of war and the secretary of war himself had the authority to deem locations as military areas. These areas could then have laws in place excluding any person they please and enact curfews. After this issue the West Coast was then deemed as a military area and a law was enacted prohibiting anyone who was or had Japanese ancestry. Korematsu, was living in the West Coast at the time, and was frightened at this. He then, to avoid being removed from the area, attempted to have plastic surgery to remove the slants of his eyes so he would be thought to be Caucasian. But, his surgery had failed and then he was placed under arrest for illegally trespassing in a military area. This is when all of the court travels would begin.
During the time that the case Korematsu vs. United Sates, was brought in to the court system, we were in a war with Japan. This played a important role in this case because the whole case revolves around the power that the president and the government has to enact laws during a time of war. Which from what this case shows is pretty high.
Korematsu was not the only person with Japanese ancestry to take their case to court over the laws enacted by the secretary of war being what they believed to be unconstitutional. One other person to take their case to court made a precedent case for the ruling of Korematsu, Hirabayashi. In the ruling of Hirabayashi, the court upheld the conviction of him for disobeying a curfew which was enacted in a military area. The reason they upheld the conviction in Hirabayashi, was because they believed that the curfew was not meaningless and racial but rather helped in protection against espionage and sabotage. Also that the curfew was much less a deprivation than the exclusionary act which prevented Japanese Americans from entering the area.
Much like many cases, Korematsu wasn’t immediately sent to the Supreme Court to dispute this matter, but rather traveled through the various sets to make it there. The first court Korematsu had to visit was the Northern California District courts. In the District courts Korematsu, convicted of being in a place in which all people of Japanese ancestry were excluded. From the District courts Korematsu, moved to the appellate courts where he would find his conviction upheld once again. Now is where he would make one final trip, to the Supreme Court. After Korematsu lost in the Supreme Court he took his case back to the federal courts where he won his case. This was in 1984 after they discovered that Dewalt had submitted false information and that the lawyers knew about this and still defended it. This misinformation was how Korematsu, was able to take his case back to court under the term coram nobus, which concerns the misconduct during a trial.
Once in the Supreme Court in (1944), Korematsu, was given a date where the attorney general and Korematsu, would plead their case. But, the attorney general said that there wouldn’t be enough time for them to construct their argument. After they made their arguments the justices left to make their decision. In a 6-3 Decision Korematsu, lost his case. In the majority opinion, read by Justice Hugo Black, the justices stated that the deprivation caused by the evacuation order was justified completely. This is because of the information provided by Dewalt which was later found to be factitious, showed there was disloyal Japanese citizens among the area and due to this the evacuation order was necessary to protect from sabotage and espionage. As was the curfew order which was upheld in the precedent case Hirabayashi V. US. Also within the opinion statement was a small section which talks about strict scrutiny. Strict scrutiny is used to determine whether a racial based law is constitutional, this is done by determining if there is a great dangerous to the general population.
That may be the majority opinion but let’s see what the dissent had to say on the subject. In the thoughts of Justice Roberts, the case did not involve the exclusionary order or the curfew but rather the unlawful of a citizen for not submitting to the government and moving to a concentration camp. In Justice Murphy’s thoughts, “This exclusion of all persons of Japanese ancestry, both alien and non-alien, from the Pacific Coast area on a plea of military necessity in the absence of martial law ought not to be approved. Such exclusion goes over the very brink of constitutional power, and falls into the ugly abyss of racism.” Finally in the thoughts of Justice Jackson, Korematsu was born on American soil and so he is given American citizenship under the constitution and so he has all the rights as the Americans would. Not only that but compared to a German alien, an Italian alien or a American citizen who was put on parole for treason is that Korematsu would be the only one to have been detained for his presences. Also no question was brought up as to whether or not Korematsu was loyal to the US.
All my thoughts as to this case are very scrambled. But, I still must concur with the majority ruling. This is because I agree that only if there is a great danger to the welfare of the public should there be a racially targeted deprivation. That being said I believe also that in the future the courts need to look closer as to the validity of information provided by the military as to ensure that things like this don’t occur again.