Korematsu v. United States Background –Fearful of West Coast security –FDR issues Executive Order #9066 – military zones –Anyone of Japanese ancestry removed to camps –Korematsu does not report Arguments: Korematsu: 4 th,5 th,8 th and 13 th amend. rights violated Gov: Necessary to prevent spying, sabotage and protect citizens

Question before the Court? Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

Korematsu v. US Decision: –Against Korematsu –His rights not violated –Military can do what is necessary in the interest of national security –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." Impact –112,000 Japanese Americans held in camps till the war was over –1946 Executive Order was lifted by Truman –1980’s Congress authorizes payment of damages to those interred