Lesson VI: Korematsu V. United States
The United States Government relied on three court cases to uphold the legality of its actions to single out Japanese Americans for treatment that did not apply to any other group of Americans during World War II. In one case, Korematsu v. United States, the U.S. Supreme Court upheld the constitutionality of the exclusion order that led to the incarceration of Japanese Americans. In its opinion, the Court said that the need to protect against sabotage and espionage outweighed the civil liberties of individuals.
Objective: To provide students with a clear understanding of the choices faced during times of crisis when national security interests are balanced against the rights of the individual.
Students will:
Research the constitutional basis for the incarceration of Japanese Americans;
Discuss arguments related to the incarceration;
Participate in a mock trial proceeding before the U.S. Supreme Court.
Materials: See Summary of Constitutional Rights Violated in the resources tab. Provide students with a copy of the Bill of Rights and the Amendments to the Constitution. Provide students with bibliography of websites and resources listed in the Resources Tab.
Students should have a basic knowledge of the Japanese American incarceration, including a general understanding of the Constitutional issues.
Method:
Using the Resources section of this Curriculum Guide, assign students relevant readings and websites on the legal cases, specifically Korematsu v. United States.
Using the Summary of Constitutional Rights Violated in the appendix, discuss each of the rights and freedoms that were violated.
Use the Questions to Consider section for a full class discussion.
Divide the class into three groups and have them discuss and complete the Examining Arguments in Korematsu v. United States exercise. Following this exercise, use the Questions for Discussion for a full class discussion.
Complete this lesson with the final exercise on the Presentation of the Korematsu Case to the U.S. Supreme Court.
Background Questions and Summary:
After Pearl Harbor was bombed in December 1941, the American military became concerned about an attack from the Japanese on the mainland of the United States. There were many people of Japanese descent living on the West Coast at the time and the American government was worried that they might aid the enemy. However, at the time there was no proven case of espionage or sabotage on the part of Japanese or Japanese Americans on the United States.
Nonetheless, in February 1942, General DeWitt, the commanding officer of the Eastern Defense Command, recommended that “Japanese and other subversive persons” be removed from the West Coast. President Franklin D. Roosevelt soon signed Executive Order 9066, which allowed military authorities to enact curfews, forbid people from certain areas, and to move them to new areas. Congress then passed a law imposing penalties for people who ignored these orders. Many Japanese and Japanese Americans on the West Coast were moved to camps farther inland. This was called “internment.”
Japanese Americans were forced to sell their homes and personal belongings and to move to desolate camps. They were required to live in tar-papered barracks that did not have running water, sanitary facilities or cooking facilities.
Fred Korematsu was born in America of Japanese parents. He tried to serve in the United States military, but was rejected for poor health. When Japanese incarceration began in California, Korematsu moved to another town. He also had some facial surgery and claimed to be Mexican-American. He was later arrested and convicted of violating an order that banned people of Japanese descent from the area of San Leandro, California.
Korematsu challenged his conviction in the courts. He said that Congress, the President, and the military authorities didn’t have the power to issue the relocation orders. He also said that because the order only applied to people of Japanese descent, the government was discriminating against him on the basis of race.
The government argued that the evacuation of all Japanese Americans was necessary to protect the country because there was evidence that some were working for the Japanese government. The government said that because there was no way to tell the loyal from the disloyal, all Japanese Americans had to be treated as though they were disloyal.
The federal appeals court agreed with the government. Korematsu appealed this decision and the case came before the U.S. Supreme Court.
Questions to Consider:
Under which sections of the U.S. Constitution could the President and Congress have the power to issue the executive order and penalties discussed above?
The United States was also at war with Germany and Italy. Yet people of German and Italian descent were not gathered up for incarceration as a group like the Japanese. Why do you suppose the Japanese were treated this way?
In times of war, governments often must balance the needs of national security with the civil rights of citizens. In your opinion, did Executive Order 9066 find the right balance between these competing values?
Examining the Arguments in Korematsu v. United States (1944)
Overview: Perhaps the greatest challenge of Korematsu v. United States is to understand the arguments for each side of the case, particularly those supporting the constitutionality of Civilian Exclusion Order No. 34, which banished from a prescribed area of the Pacific Coast “all persons of Japanese ancestry, both alien and non-alien.”
On the next page is a list of arguments from the case
Directions:
Step 1: With a partner, read through each argument and decide whether it supports Fred Korematsu’s position against enforcing the exclusion order against persons of Japanese ancestry (K), the United States Government’s position enforcing the exclusion order (US), both sides (Both), or neither side (Neither). Fill in the blank with your response.
Step 2: Working in a group of four (you, your partner, and another pair), reach a consensus on which argument you feel is the most persuasive for each side. Be prepared to explain your choices to the entire group.
XX
Questions for Discussion:
Try to imagine yourself at the time of this case. How would you think the Court should decide?
What effect, if any, does knowing the history surrounding this case affect your decision?
What light do the arguments about Korematsu shed on issues of safety and liberty today?
Presentation of the Korematsu Case
• Select three or four students to represent the case for Fred Korematsu.
• Select three or four students to defend the government’s case.
• Select three or four students to serve as Supreme Court Justices to hear
The plaintiffs and the government defense team are responsible for presenting the Court with sound arguments. The Court is responsible for soliciting the facts in the case by asking pertinent questions and rendering a decision based on the soundness of the arguments presented.
To prepare your argument, consider and prepare responses to the following:
A clear, brief statement of your position
At least two facts from the case that support your position
An explanation of how each fact supports your position
One previous court decision that supports your position
One reason why your position is fair to the other side
One reason why the Court decision in your favor will benefit society
Make an outline ordering this information so that all of it can be included in a four-minute presentation.
If you are working as a team, decide which of your team will respond to questions from the Court.
Adapted with permission from Korematsu v. United States Lesson, Constitutional Rights Foundation Chicago
