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Constitutional Law Keyed to Barnett
Hirabayashi v. United States
Citation:
320 U.S. 81 (1943)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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During World War II (after the bombing of Pearl Harbor), President Roosevelt issued Executive Order 9066 that directed the Secretary of War and military commanders to create military zones from which people of certain ethnicities could be excluded, for “protection against espionage and against sabotage to” national defense efforts. U.S. Military commanders subsequently created these military zones on the West Coast of the United States, due to presence of U.S. military bases and supplies and geographical proximity to Japan. Executive Order 9102 called for the “removal, relocation, and . . . supervision” of people identified (of a certain ethnicity) in the previous executive order. People of Japanese ancestry were required to abide by a curfew and leave certain military zones. Congress then passed a law making it illegal to disregard the restrictions imposed by these military zones pursuant to the President’s executive order. The military later issued a proclamation calling for certain regulation of people of Japanese, German and Italian ancestry. Hirabayashi was indicted for failing to abide by a curfew and failing to report to a Civil Control Station within the military zone (the first step necessary to exclude people of Japanese Ancestry from that area). Hirabayashi argued that the indictment should be dismissed because although he was of Japanese descent, he was an American citizen and did not hold any allegiance towards Japan. Furthermore, he argued that Congress unconstitutionally delegated its legislative power to the executive branch (military commander) when it imposed criminal penalties for disobeying the military ordered issued pursuant to the executive order. Additionally, appellant Hirabayashi argued that the executive order constituted unconstitutional discrimination in violation of the Fifth Amendment.
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