Korematsu v. US 1944
Background: During WWII, Executive Order 9066 and other Congressional Statutes gave the military authority to relocate Americans of Japanese ancestry from areas deemed important for national security. Korematsu stayed behind in his home in San Leandro, California, violating the Civilian Exclusion Order No. 34 issued by the U.S. Army.
Issue: Was the relocation of Japanese American citizens constitutionally permissible, or did it exceed the presidents war powers?
Ruling/Impact: The Court ruled that the necessity of protecting America against espionage took precedence over Korematsu's rights. Chief Justice Black's rationale was that the compulsory exclusion, which the executive order permitted, was justified during times of "emergency and peril." Nonetheless, by 1944 most of the internees had been released; and in early 1945 all were allowed to return to the West Coast.
Issue: Was the relocation of Japanese American citizens constitutionally permissible, or did it exceed the presidents war powers?
Ruling/Impact: The Court ruled that the necessity of protecting America against espionage took precedence over Korematsu's rights. Chief Justice Black's rationale was that the compulsory exclusion, which the executive order permitted, was justified during times of "emergency and peril." Nonetheless, by 1944 most of the internees had been released; and in early 1945 all were allowed to return to the West Coast.
