Korematsu v. United States
Summary
TLDROn February 19, 1942, FDR signed Executive Order 9066, giving the military sweeping power to determine military zones and remove citizens based on perceived threats. This led to the internment of Japanese Americans, with curfews and restrictions, despite the absence of specific racial targeting. Fred Katu, a 22-year-old American citizen of Japanese descent, challenged his criminalization, ultimately taking his case to the Supreme Court. In a 6-3 ruling, the Court upheld the constitutionality of the order, citing military necessity, despite the violation of civil liberties and due process rights.
Takeaways
- 😀 Executive Order 9066 was signed by FDR on February 19th, 1942, giving the military the power to decide where military zones would be and who should be removed from those areas.
- 😀 The order granted unprecedented power to the Secretary of War and military commanders, bypassing the Attorney General and eliminating hearings or due process.
- 😀 Although the law did not specify a particular race or ethnic group, it targeted people of Japanese descent during World War II.
- 😀 Military zones led to curfews and restrictions being placed on Japanese Americans, such as prohibiting them from living in Oakland, California.
- 😀 Fred Katu, a 22-year-old American citizen of Japanese descent, was arrested on May 30th, 1942, for violating curfew and was criminalized for being in violation of Executive Order 9066.
- 😀 Katu challenged his arrest, appealing his case to the U.S. Supreme Court, testing his faith in the Constitution and the protection of his rights.
- 😀 The Supreme Court case of *Katu v. United States* lingered for over two years before being argued on October 11th and 12th, 1944.
- 😀 Katu’s legal team argued that Executive Order 9066 violated his constitutional rights under the 14th and 5th Amendments, claiming the order was discriminatory and violated due process.
- 😀 The Supreme Court ruled in a 6-3 decision that Executive Order 9066 was constitutional, citing the argument of 'military necessity' during wartime.
- 😀 Justice Hugo Black, who later became known for his civil liberties advocacy, wrote the majority opinion, stating that Katu's exclusion was due to wartime needs, not racial hostility.
Q & A
What was Executive Order 9066, and who signed it?
-Executive Order 9066 was signed by President Franklin D. Roosevelt on February 19, 1942. It granted the Secretary of War and military commanders the authority to decide where military zones would be and who should be removed from them.
What power did Executive Order 9066 give to the military?
-The executive order gave the military power to make decisions without any hearings or due process, essentially overriding the Attorney General's authority and allowing the military to impose restrictions on anyone deemed a threat.
What was the significance of Executive Order 9066 being supported by Congress?
-Congress supported Executive Order 9066, which meant the law was backed by the legislative branch, providing a greater degree of legitimacy to the executive action. It also meant the military could target groups without specific legal restrictions on race or ethnicity.
Who was Fred KATU and what challenge did he pose to the government?
-Fred KATU was a 22-year-old American citizen of Japanese descent who was made a criminal by the enforcement of the executive order, which made it illegal for Japanese Americans to live in certain areas, including Oakland. He challenged his arrest by appealing the case to the Supreme Court, testing his faith in the Constitution.
What legal grounds did Fred KATU use to challenge his arrest?
-KATU argued that Executive Order 9066 violated the 14th Amendment's guarantee of equal protection and the Fifth Amendment's right to due process, as Japanese Americans were being detained without hearings or trials.
How long did the KATU case last, and when was it argued in front of the Supreme Court?
-The KATU case lasted for over two years before being argued before the Supreme Court on October 11th and 12th, 1944.
What was the outcome of the Supreme Court decision in KATU's case?
-The Supreme Court ruled in a 6 to 3 decision that Executive Order 9066 was constitutional. The court upheld the government's argument of military necessity, and KATU's exclusion was justified due to the war with Japan.
Who wrote the majority decision in the KATU case, and what was the reasoning behind the decision?
-Justice Hugo Black wrote the majority decision in the KATU case. He argued that KATU was excluded from the military area not because of hostility to his race, but due to the ongoing war with the Japanese empire.
How did the KATU case impact the understanding of civil liberties during wartime?
-The KATU case highlighted the tension between national security concerns and civil liberties during wartime. The court's decision supported the government's actions, despite the lack of due process for Japanese Americans, which remains a controversial aspect of the ruling.
What does the term 'military necessity' mean in the context of the KATU case?
-'Military necessity' refers to the argument that the exclusion of Japanese Americans from certain areas was justified by the need to protect the country during wartime, especially against potential espionage or sabotage from enemy nationals.
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