Korematsu v. United States

During World War II, western Japanese Americans were forced to move into relocation camps. In the United States Supreme Court case Korematsu v. United States, 1943, the court ruled that the Japanese American Internment was not unconstitutional.

During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu was a japanese man who decided to remain in San Leandro, California and knowingly violate Civilian Exclusion Order No. 34 of the U.S. Army. He was arrested and convicted.

The question presented to the court was: Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril."

See also: List of United States Supreme Court cases

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