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Constitutional Law Keyed to Choper
Korematsu v. United States
Citation:
323 U.S. 214, 65 S.Ct. 193, 89 L.Ed. 194 (1944).Facts
In response to the Japanese attack on Pearl Harbor during World War II, the U.S. government decided to require Japanese-Americans to move into “relocation centers” as a matter of national security. President Franklin Roosevelt signed Executive Order 9066, giving military officials the legal authority to exclude any and all persons from designated areas on the west coast in order to ensure against sabotage and espionage. Congress implicitly ratified the Executive Order by providing that the violation of an implementing order by a military commander constituted a misdemeanor punishable by fine or imprisonment.
Korematsu, a Japanese-American man living in San Leandro, CA chose to stay at his residence rather than obey the order to relocate. Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment.
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Topic Resources
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Protections of Civil LibertiesTopic Refresher Course
Substantive Due Process