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Was Executive Order 9066 Legal

During the Second World War, the Supreme Court accepted the government`s invitation to decide a fictitious case. The Korematsu court ruled that military necessity justified the “temporary expulsion” of Japanese Americans, even though at the time of the court`s decision on Korematsu, Japanese Americans had been imprisoned for more than two and a half years. The court declined to comment on the lawfulness of the detention, stating that only the freeze order, not subsequent detention, was duly brought before him. The Court shares the indivisible; In reality, Japanese Americans were detained on the West Coast. Although the court stated that there would be “sufficient time to rule on the `serious constitutional issues` raised by the detention when this order was submitted to it, it ignored the fact that there were no separate detention warrants. Anti-Japanese sentiment in the United States had intensified after the attack on Pearl Harbor in December 1941. Shortly thereafter, President Roosevelt declared Japanese, German, and Italian citizens to be “enemy aliens”2 and called them potentially disloyal. Roosevelt commissioned the Munson Report, an intelligence report on Japanese Americans on the West Coast, obeyed executive orders even after the report concluded that Japanese Americans were loyal and posed no threat. J. Edgar Hoover, director of the FBI at the time, also rejected the order, stating that it was based on “public and political pressure rather than factual data.”2 In contrast, Judge Robert Jacksons argued in dissent that “defensive measures are not and often should not be maintained within the bounds that bind civil authority in peace” and that it might be unreasonable to keep the military. who issued the deportation order, according to the same standards of constitutionality that apply to the rest of the government.

“It is in the nature of things,” he writes, “that military decisions are not susceptible to intelligent judicial evaluation. Acknowledging the court`s impotence in this regard, he wrote that “the courts can never have any real alternative but to accept the mere statement by the authority that issued the order that it was reasonably necessary from a military point of view.” [14] Korematsu challenged his conviction in 1983 by filing a petition filed by Coram Nobis in the United States District Court for the Northern District of California, alleging that the original conviction was so wrong that it constituted a grave injustice that should be overturned. As evidence, he presented the findings of the CCWRIC report, as well as recently discovered internal communications from the Department of Justice showing that evidence contradicting the military necessity of E.O. 9066 had been knowingly withheld from the Supreme Court. Specifically, he stated that Attorney General Charles H. Fahy had concealed from the court a declaration of war by the Bureau of Naval Intelligence, the Ringle Report, which concluded that very few Japanese posed a risk and that almost all those who had done so were already in custody when the decree was issued. [22] The government, while admitting no error, filed a counter-motion asking the court to quash the conviction without establishing the facts. Justice Marilyn Hall Patel rejected the government`s request, concluding that the Supreme Court had indeed received selective transcription, which is a compelling circumstance sufficient to overturn the original conviction. It granted the request, thereby setting aside Korematsu`s conviction, but stressed that this decision was based on fault on the part of the prosecution and not on an error of law and that, therefore, any precedent set by the case remained in force.

[23] [24] Discrimination, Executive Order 9066, Korematsu v. United States, Racial Justice, Supreme Court, Trump v. Hawaii This was initiated by President Franklin Roosevelt on the 19th. In February 1942, the order authorized the forced deportation of all those deemed a threat to national security on the West Coast to “resettlement centers” further inland, resulting in the imprisonment of Japanese Americans. In 1980, Congress established a commission to evaluate the events leading up to the promulgation of Executive Order 9066 and the accompanying military directives, and their impact on citizens and resident aliens, and instructed the commission to recommend corrective measures. This Congressional Commission on the Resettlement and Internment of Civilians (CCWRIC) discussed the Korematsu decision in its 1982 report entitled Personal Justice Denied (CCWRIC), concluding that “every part of the decision, questions of factual examination and legal principles, has been discredited or abandoned” and that “today, the decision in Korematsu is overturned by the Court of History.” [20] [21] On February 19, 1942, President Franklin D. Roosevelt signed and issued Executive Order 9066. On today`s anniversary, seventy-nine years later, we reflect on what the Order meant to Japanese Americans and present newly digitized collections that tell their stories.

He called the exclusion a “legalization of racism,” which violated the Fourteenth Amendment`s equality clause. He likened the expulsion order to the “abominable and despicable treatment of minorities by the dictatorial tyrannies that this nation has now sworn to destroy. He concluded that the injunction violated the Fourteenth Amendment by “falling into the ugly abyss of racism.” In Korematsu v. The President of this Court persuaded him to allow the forced internment of Japanese-American citizens during World War II. The president did so in part by relying on a military report that insisted that immediate action was essential to national security. However, the report contained information that law enforcement officials knew at the time to be false. And more years passed before this court officially rejected its decision. (Internal quotation marks omitted) Editor`s Note: This is part of our series on the 80th anniversary of Executive Order 9066, signed on February 19, 1942. The executive order did not specify Japanese Americans as a group, but the United States.

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