PRESENTATION OUTLINE
KOREMATSU V. UNITED STATES
Civilian Exclusion Order No. 34
citizens of Japanese ancestry were excluded from areas deemed vunerable for potential espionage
Fred Korematsu refused to comply with the order, and hid from the law
Question: Did the President and congress go beyond their war powers by implementing exclusion and restricting rights of Americans of Japanese decent?
The court sided with the government, saying that the "need to protect against espionage outweighed Korematsu's rights."
COURT BREAKDOWN
- Majorty: Black, Stone, Reed, Douglas, Rutledge, Frankfurter
- Dissent: Roberts, Murphy, Jackson
- Majority denied that the case had anything to do with race
- Those who dissented said the exclusion of the Japanese was racist