1. KOREMATSU v. U.S. 1943 U.S. Supreme Court

2. Facts of the Case Bombing of Pearl Harbor Hysteria Executive Order 9066 – excluded certain people from west coast military zones Fred Korematsu was a US citizen in San Francisco Failed to report for exclusion and was arrested, tried and convicted

3. Constitutional Issues 5 th Amendment Due process to be denied life, liberty or property 14 th Amendment Citizenship Guarantee of due process under the law

4. Arguments For Korematsu: Denied liberty No loyalty hearings Purely racial in nature President exceeded his authority For the US: Military necessity made it necessary Insufficient time to determine loyalty State of war existed giving president the authority Not racial – the attack was by the Japanese

5. Korematsu v. U.S. Decision 6-3 Decision in favor of the U.S. Opinion written by Justice Hugo Black Reasons: 1. Must give military right to protect the nation 2. Time did not permit distinction between loyal and disloyal 3. Hardship is a part of war for all citizens 4. Not racial but because we were attacked by Japan

6. Dissenting Opinions Believed that the motivation was racial Called it a flagrant violation of due process of law Time factor wasn’t valid because it continued for months after danger of attack was gone Korematsu received the Presidential Medal of Freedom in 1998. He died in 2005.