Case Summery
Part A:
Fred Korematsu was born January 30th 1919 in Oakland, California. He was a nesa the third son of four. His parents owned a floral nursery for money. He attended Castlemont High and was a part of the tennis, and swim teams. After WWII broke out Fred Korematsu attempted to join the U.S coast guard, but was denied due to stomach ulcers. Fred Korematsu then trained to be a welder, and after High School worked as a shipyard welder on the bay. When executive order 9066 was passed, and all Japanese were ordered to go to the camps, Fred Korematsu defied this order and continued his life as normal. Fred Korematsu had minor plastic surgery done in order to not look Japanese, he also changed his name to Clyde Sarah. On May 30, 1942 Fred Korematsu was arrested and sent to the San Francisco county jail. September 8, 1942 Fred Korematsu was convicted of violating Executive order 9066, and was placed in a five year probation. In December of 1944 The U.S supreme court decided that the incarceration was not racism, and was justified by the Army's claims.
Part B:
The Case between Fred Korematsu vs the U.S had many arguments on both sides for why they weren't in the wrong. The U.S argued that Fred Korematsu violated executive order number 9066, and by doing this the government had the right to put him on probation. The U.S states that “The security of the Pacific Coast continues to require the exclusion of Japanese from the area now prohibited to them and will so continue as long as that military necessity exists” This is backed up by “The surprise attack at Pearl Harbor by the enemy crippled a major portion of the Pacific Fleet and exposed the West Coast to an attack which could not have been substantially impeded by defensive fleet operations.” The Military gave out the executive order to keep the country safe, and this was the most secure way that they found to do so. Fred Korematsu believed that his rights as an American were being taken away.
Part C:
There were a lot of laws being used in this case, starting with the 4th, 5th, 6th and 14th amendments. The 4th amendment basically states that you have the right to privacy. If that is broken the government/police must have a just cause and/or a warrant. The 5th amendment states that no person has to answer in a crime unless on presentment or indictment of a jury. Last but not least the 14th amendment states that Equal rights must be provided to all citizens of the U.S. If the government takes away your life, liberty you must have a fair trial.
We have talked a lot about executive order number 9066 so what is it? Executive order 9066 authorized the Secretary of War to prescribe certain areas as military zones, giving the government the right to deportation of Japanese Americans to internment camps.
Then we have the espionage act of 1917 which basically was intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of United States enemies during wartime. Then we had the Sedition act of 1918 which extended the espionage act, this act stated that people or countries cannot say negative things about the government or the military during war time. After that act we had Alien Enemies Act of 1798, this made it harder for an immigrant to become a citizen, and allowed the president to imprison and deport non-citizens who were deemed dangerous. The last act was the Alien Registration Act of 1940 which basically made it illegal for any resident or citizen of the United States of America to teach or advocate the violent overthrow of the U.S. government. The law also forced non-citizens to register with the U.S. government so that the government would be able to track them and their un-American ideas which may or may not lead to the overthrow of the government. They also argued habeas corpus, habeas corpus is basicly you have the right to know why you are being arrested.
Strict scrutiny, is if the law seems to violate the constitution or applies to a “suspect classification” such as race or national origin, the government must prove the law passes three tests of strict scrutiny. The three tests are that the law must be justified by a compelling government interest, must be narrowly tailored, and must be the least restrictive means.
Part D:
So far I have learned that the government has a lot of loopholes to benefit them, so that they don't ever get in trouble. I believe that this case could go two ways and I can't wait to see what comes of it. There is a chance that Fred Korematsu hase evidence and a good argument to win.
So far I feel that the United States has the upper hand because they carefully went through there laws and orders so that they wouldn't be in the wrong. Morrely I don't believe that the government is in the right, because there are so many orders constitutional rights that they covered up to bypass. I believe that Fred Korematsu should have had the right to freedom, and that they did go to the extreme with putting all the Japanese in internment camps, and it would have worked just as well to just have the cefu, and did the searches. This would have given them more freedom, constitutional rights, and the government wouldn't have gone overboard on the security of the country.
Sources:
"Fred Korematsu." Fred Korematsu | Densho Encyclopedia. N.p., n.d. Web. 19 Jan. 2017.
"Lifetime." Fred T. Korematsu Institute. N.p., n.d. Web. 19 Jan. 2017.
The Final report
Fred Korematsu was born January 30th 1919 in Oakland, California. He was a nesa the third son of four. His parents owned a floral nursery for money. He attended Castlemont High and was a part of the tennis, and swim teams. After WWII broke out Fred Korematsu attempted to join the U.S coast guard, but was denied due to stomach ulcers. Fred Korematsu then trained to be a welder, and after High School worked as a shipyard welder on the bay. When executive order 9066 was passed, and all Japanese were ordered to go to the camps, Fred Korematsu defied this order and continued his life as normal. Fred Korematsu had minor plastic surgery done in order to not look Japanese, he also changed his name to Clyde Sarah. On May 30, 1942 Fred Korematsu was arrested and sent to the San Francisco county jail. September 8, 1942 Fred Korematsu was convicted of violating Executive order 9066, and was placed in a five year probation. In December of 1944 The U.S supreme court decided that the incarceration was not racism, and was justified by the Army's claims.
Part B:
The Case between Fred Korematsu vs the U.S had many arguments on both sides for why they weren't in the wrong. The U.S argued that Fred Korematsu violated executive order number 9066, and by doing this the government had the right to put him on probation. The U.S states that “The security of the Pacific Coast continues to require the exclusion of Japanese from the area now prohibited to them and will so continue as long as that military necessity exists” This is backed up by “The surprise attack at Pearl Harbor by the enemy crippled a major portion of the Pacific Fleet and exposed the West Coast to an attack which could not have been substantially impeded by defensive fleet operations.” The Military gave out the executive order to keep the country safe, and this was the most secure way that they found to do so. Fred Korematsu believed that his rights as an American were being taken away.
Part C:
There were a lot of laws being used in this case, starting with the 4th, 5th, 6th and 14th amendments. The 4th amendment basically states that you have the right to privacy. If that is broken the government/police must have a just cause and/or a warrant. The 5th amendment states that no person has to answer in a crime unless on presentment or indictment of a jury. Last but not least the 14th amendment states that Equal rights must be provided to all citizens of the U.S. If the government takes away your life, liberty you must have a fair trial.
We have talked a lot about executive order number 9066 so what is it? Executive order 9066 authorized the Secretary of War to prescribe certain areas as military zones, giving the government the right to deportation of Japanese Americans to internment camps.
Then we have the espionage act of 1917 which basically was intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of United States enemies during wartime. Then we had the Sedition act of 1918 which extended the espionage act, this act stated that people or countries cannot say negative things about the government or the military during war time. After that act we had Alien Enemies Act of 1798, this made it harder for an immigrant to become a citizen, and allowed the president to imprison and deport non-citizens who were deemed dangerous. The last act was the Alien Registration Act of 1940 which basically made it illegal for any resident or citizen of the United States of America to teach or advocate the violent overthrow of the U.S. government. The law also forced non-citizens to register with the U.S. government so that the government would be able to track them and their un-American ideas which may or may not lead to the overthrow of the government. They also argued habeas corpus, habeas corpus is basicly you have the right to know why you are being arrested.
Strict scrutiny, is if the law seems to violate the constitution or applies to a “suspect classification” such as race or national origin, the government must prove the law passes three tests of strict scrutiny. The three tests are that the law must be justified by a compelling government interest, must be narrowly tailored, and must be the least restrictive means.
Part D:
So far I have learned that the government has a lot of loopholes to benefit them, so that they don't ever get in trouble. I believe that this case could go two ways and I can't wait to see what comes of it. There is a chance that Fred Korematsu hase evidence and a good argument to win.
So far I feel that the United States has the upper hand because they carefully went through there laws and orders so that they wouldn't be in the wrong. Morrely I don't believe that the government is in the right, because there are so many orders constitutional rights that they covered up to bypass. I believe that Fred Korematsu should have had the right to freedom, and that they did go to the extreme with putting all the Japanese in internment camps, and it would have worked just as well to just have the cefu, and did the searches. This would have given them more freedom, constitutional rights, and the government wouldn't have gone overboard on the security of the country.
Sources:
"Fred Korematsu." Fred Korematsu | Densho Encyclopedia. N.p., n.d. Web. 19 Jan. 2017.
"Lifetime." Fred T. Korematsu Institute. N.p., n.d. Web. 19 Jan. 2017.
The Final report
Judge Ruling
Through or hard work looking though the evidence given to us on both sides, we the judges have decided that the case between korematsu and the united states will be resolved.
We the judges have considered the impeachment of The Final Report, through the cross exam of Mike Masaoka. We see the fault in The final report, but believe that it isn't unfair to impeach the full piece of evidence. Therefore we did not impeach the Final Report, but have used caution as we use go use this as evidence. We also see that although the comfort in the camps may not have been the best, but it has been proven that this was the least restrictive means. J. Edgar Hoover said that the FBI had met the least restrictive means possible in prevention espionage and sabotage. There was proven means to this due to the evidence given to us through the FDR AND JAPANESE AMERICAN INTERNMENT evidence.
We have found that this case does pass the three tests of strict scrutiny. Strict scrutiny, is if the law seems to violate the constitution or applies to a “suspect classification” such as race or national origin, the government must prove the law passes three tests of strict scrutiny. The three tests are that the law must be justified by a compelling government interest, must be narrowly tailored, and must be the least restrictive means. It is the least restrictive means as proved through the Cross-Exam of J. Edgar Hoover, with the evidence of Defense Exhibit A. That proves that President Roosevelt's issuing executive order 9066 that authorizing military commanders to prescribe military areas from which any or all persons may be excluded. Was not going against strict scrutiny, because it was preventing espionage, and sabotage.In the Final Report Defense Exhibit F, it proves that there was a threat to the United states. This threat was shown from the Japanese decent. Through the Direct Exam of General DeWitt, it proves that The United states has taken the least restrictive means, and that it was constitutional.
Through this it proves that executive order 9066 was in fact constitutional, Making it illegal for Fred Korematsu to flee from it. Even though it breaks my heart that so many innocent people were in internment camps for so long, through the evidence shown through the case we have found that this was the only way for our country to remain safe from espionage, and sabotage. CASE CLOSED.