Korematsu v. United States
323 U.S. 214 (1944)
Constitutional Topic Areas:
14th Amendment ‘Equal Protection Clause’, 5th Amendment ‘Due Process Clause’, Appellate Jurisdiction
Case Facts:
After the bombing of Pearl Harbor and the beginning of US intervention in World War II, the United States Government believed all persons of Japanese ancestry would be a threat to national security, as their allegiance to their home country was assumed. As a result, President FDR issued an executive order mandating all persons of Japanese decent to report to detention centers, or internment camps. Korematsu disagreed with the executive order’s constitutionality and did not voluntarily report to his specified detention center and was subsequently arrested. Korematsu then sued the federal government, formally challenging the executive order in federal court.
Questions:
1. Did the president violate his war powers by issuing an executive order which mandates all persons of Japanese ancestry to detention centers for the duration of the war?
Holding:
1. No
Legal Reasoning: Justice H.L. Black (6-3)
1. Upon application of strict or rigid scrutiny, suspension of civil liberties in a time of war are constitutional under the president’s war powers
2. There is no quick way to discern loyalty or disloyalty to the United States in a time of war, therefore internment of all persons of Japanese dissent is allowed
3. This executive order was an order to protect national security, not a matter of racial prejudice
Dissent: Justice Murphy
1. The broad internment of every person of Japanese ancestry is racism at work.
Dissent: Justice Jackson
1. There is no evidence Fred Korematsu was disloyal to the United States and even if the military can make such decisions. This ruling will ultimately reaffirm racism in the long run
Significance:
Internment of people of Japanese ancestry would be permitted after this case. More broadly, it set the precedent that the president can invalidate civil liberties during a time of war in the name of national security
Reflection:
This case would be remembered as one of the worst decisions the Supreme Court has ever made–up there with Dred Scott. The United States would later apologize and pay reparations to Korematsu and others who were affected. Furthermore, this case shows the dangers of giving priority to broad claims the restriction of civil liberties for the sake of national security. Overall, Korematsu strengthened the power of the federal government
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