Korematsu v. the United States
Asian American Court Case
Korematsu v. the United States
The case between Korematsu and the United States arose when Korematsu violated the orders issued against Japanese aliens or Japanese American citizens. Following the attacks of the Japanese on China and the United States, President Roosevelt issued executive order 9066 on 19th February 1942 (Sadler, 11). The order gave the armed forces and soldiers of the United States to remove the Japanese aliens and Japanese Americans from military areas or any environment within America. Shortly after the order had been published, Public Law 77-503 was passed by the congress, which stated that any Japanese citizen who defiled the president’s orders were to be detained (Sadler, 11). Many Japanese individuals were transported to detention camps set up by the American government, where they were not allowed to go back to the military areas. Besides, they were only allowed to carry what they could, thus selling most of their possessions, carrying only precious items. In the detention camps, they lived in temporary facilities as they waited to be taken to the permanent camps set up in California, Arizona, Utah, Idaho, Wyoming, Arkansas, and Colorado, which were also inadequate (Sadler, 18). Concerning the few permanent camps, most of them ended up spending more days in the temporary camps.
Besides the warnings and threat of imprisonment, some Japanese persons still defiled the law. For instance, in the same year, a 23-year-old foreman, Fred Korematsu, violated the orders by not reporting to the detention camps where his colleagues stayed (Lorraine, 1). Korematsu changed his appearance by undergoing surgery in his eyelids and name, claiming that he was from Spain so that he could remain behind in America. After several weeks, Korematsu was arrested on 20th May 1942 (Sadler, 22). Korematsu was taken to San Francisco county jail, where he waited for trial. After consultations with Ernest Besig, Korematsu agreed to let the American Civil Liberties Union represent him in questioning the government’s order issued by the president (Sadler, 23). The American Civil Liberties Union was against the sending away of the Japanese citizens. Therefore, they were willing to support Korematsu’s case. However, during the trial in a Federal Court, he was pronounced guilty of violating Executive order 9066 and sent to a few years in probation. After the trial, Korematsu and his family members were moved to an assembling center. Korematsu took his case to the United States Supreme Court, where the court ruled in a 6-3 decision dissent on 20th September 1944 that the decisions made on Korematsu were based on violating the government orders not due to his race (Lorraine, 3). Korematsu thought that the rulings made at San Francisco federal court were related to his race hence taking the case to the Supreme Court where his thoughts were proven to be wrong.
As proceedings were continuing, Korematsu failed again to report to his assembly center, therefore, being sent to an internment camp. In 1983, the 40-year-old case was reopened since the Japanese believed that they did not threaten the United States government in any way leading to their relocation (Saddler, 34). Also, Korematsu’s support was Justice Jackson, who believed that the United States government had violated human rights, and Korematsu was ruled concerning his race. Sadler says that the fear caused by the World War II attack led to the relocation of almost 120,000 Japanese Citizens who were believed to have the intention of attacking America (29). However, the Japanese citizens were declared dangerous and a threat to the United States by the evidence on the Final Report on Japanese Evacuation. After several cases and appeals, Korematsu’s case was ended, but the Supreme Court’s rulings never altered. After the internment, many Japanese citizens returned to the West Coast of America, while others went further inland (Sadler, 32). Through Korematsu, the Japanese citizens gained freedom and were able to live again in America. Some Japanese citizens who were relocated never wanted to explain their experiences in camps while some did not return to the United States after internment. The Japanese American Congressmen Spark Matsunaga, Norman Mineta, and Robert Matsui formed the Commission on Wartime Relocation and Internment of Civilians (Sadler, 33). The commission enabled the Japanese citizens to testify on their experiences in internment camps, thus releasing a book, Personal Denied Justice. After several consultations with the United States government, the president signed the Civil liberties law saying that the Evacuation of Japanese Americans after the Second World War was done without enough proof that they were a threat to the nation. Besides, each survivor of the Evacuation was offered with a cheque of $20,000 (Sadler, 35). The Korematsu’s story remains as part of history worldwide. In January 2018, the case was reflected on when president Trump released the order of travel ban for Muslims and Syrians into America (Lorraine, 5). The case was due to racism and religion, which was later addressed in the Supreme Court.
Works Cited
Bannai Lorraine K. “Korematsu Then and Now.” (2017).
Sadler, Madelyn. “I Dissent, Therefore, from this Legalization of Racism:” A Legal Analysis of Korematsu v. the United States (1944).” (2019).