Question

Given this information and what you have learned about the Korematsu case, do you think that the Supreme Court erred in its 1944 decision? Explain and support your answer. (Consider if anything impacts your answer, for example, the events of September 11, 2001)

Answer 1

http://www.streetlaw.org/en/Page/313/Did_the_Court_Err_in_Korematsu

^the document as an online link if you do not wish to download it

Answer 2

its asking your opinion.....do you think Korematsu should have been arrested for not moving to the internment camp like he was ordered to do because he was Japanese ?

Answer 3

I'm just not understanding the case is the problem

Answer 4

He was arrested because he would not move to the internment camp. He tried to clear his name but could not. The Supreme court ruled on the case and basically he lost. The Supreme Court basically said that in times of war, because the power to protect must be commensurate with the threatened danger. The question is basically asking, do you think the Supreme Court made the right decision ? Keep in mind, that in the later years, the Japanese-Americans that were put in these internment camps were compensated.

Answer 5

Also, in 1983, Korematsu succeeded in getting his name cleared.

Answer 6

Im confused because in the end part of the document, it states that they later discovered that the government withheld information and altered evidence which led to a second ruling that cleared his name...So wouldn't they be wrong, I mean isnt that what the document is saying?

Answer 7

I see that.....you are correct. What ever evidence that was withheld at the 1944 trial, could have made a difference in the outcome of the case. I was trying to find what evidence they had....can't seem to find it. Not that it really matters....because what the Supreme Court did was wrong. That is why a Coram Nobis was written, thus overturning the conviction.

Answer 8

yes but it says that it was overturned not because of the unconstitutionality, the orginal reason, rather because of the withheld info

Answer 9

Some people, however, would agree that what the U.S. did was correct in protecting the citizens of the U.S.A.

Answer 10

okay so the unconstitutionality was over the 14th amendment rights, correct?

Answer 11

that the japanese should have equal citizenship rights and thats what he said was the he was being discriminated according to race and place of origin and the 14th amend prohibited such discrimination

Answer 12

well...it had to do with civil liberties.....the coram nobis was written because a manifest error had occurred. That is an indisputable error of judgement in complete disregard of the facts of the case and the applicable rule of law.

Answer 13

yes..it is about the 14th amendment

Answer 14

so I should agree that they were incorrect? since that seems to be providing stronger evidence...?

Answer 15

I probably would say they were incorrect. But it is also mentioning 911 and the trade center. Some people are against Middle Eastern People just because of this. Should they be ?

Answer 16

that's another thing...how exactly do i incorporate that, i didnt really get that part of the document, how does that impact anything?

Answer 17

I don't necessarily think you would have to incorporate that in there, unless it impacts your answer. Another words, would it change the way you feel about Korematsu's case ?. Should there be a reason to be afraid of the Middle Eastern people just because of the color of their skin ? Even if it was Middle Eastern People that blew up the trade center ?

Answer 18

does 9/11 impact the way that i thin about korematsu as in they never deported the middle easterns because of their terrorist attack so why should the japanese have gone through such....?

Answer 19

i mean i guess one could look at it that way but also consider that fact that the middle eastern terrorist attack was just that...whereas the japanese had a full on attack of war, leading to the US making such decisions....of course one could argue that an attack is an attack and a threat to the public safety thus an attack, regardless of degree must be acted upon

Answer 20

you see i feel like im qualifying here, in both parts of the question... .-.

Answer 21

you are...lol. You are going to have to make up your mind and agree or disagree with The 1944 court decision. I can kinda see good points and bad points about it.

Answer 22

could I qualify it?

Answer 23

yes...I think so

Answer 24

Would you be willing to help me outline a few points that I could talk about?

Answer 25

oh....I am really not that good at outlines and essays.

Answer 26

no no, I just want to have the points that I would talk about bulletted so i know to make sure to cover them when i write...i can do the writing part no biggie, just the points i want to confirm

Answer 27

which side are you arguing for and which side are you arguing against ?

Answer 28

so like

Answer 29

okay so i think they were wrong in having technically violated (in my opinion) the 14th amdment
and that they were right in thinking of the public saftey at such a time, the japanese having caused such damage as they did

Answer 30

Incorrect -- 1944 supreme Court decision...lol

Correct -- 14th amendmet

I am not good at this

Answer 31

also with the impact.....the japanese attack and then further potential to spy is an act by the GOVERNMENT of japan whereas the middle east's 9/11 attack was a terrorist plot

Answer 32

what about the compensation that the U.S. paid back to the Japanese Americans ? If you say it is good, then you are contradicting yourself in saying that the U.S. should have made them move because of safety reasons.

Answer 33

elaborate on that, i dont get exactly what youre saying

Answer 34

The U.S. even wrote an apology and whats his name got a medal of freedom.

Answer 35

I can see both sides.....side one, better to be safe then sorry and just lock up the Japanese Americans. Side 2....14th amendment rights are granted to every American citizen.

Answer 36

right, that's what i was saying...but what was it you were bringing up about compensation and apology...who gave who money and what happened there?

Answer 37

read this..
http://www.nytimes.com/1988/04/21/us/senate-votes-to-compensate-japanese-american-internees.html
http://home.hiwaay.net/~garson/korematsu.htm

Answer 38

The U.S. is pretty much saying that they did wrong and violated the 14th amendment of many Japanese-American citizens

Answer 39

so the us admitted the interment was wrong and then awarded the interned?

Answer 40

yes

Answer 41

so doesnt the document basically say that they were wrong? isnt that what its supporting?? why is there a question?

Answer 42

But see...your question is asking if you think the 1944 case was wrong. I think some people would say that it was not wrong because we were fighting the Japanese. Under those circumstances, war time, some people would condone it. Better safe then sorry kinda thing.

Answer 43

yes that is what i would say also...however in my opinion, the 14th amendm't is still violated

Answer 44

and if they were correct to be better safe than sorry, then the compensation was for what? violation of the 14th?

Answer 45

It was violated....but do the same rules apply while in war ?

Answer 46

the constitution is to be followed at all times, no?

Answer 47

is it compromised during time of war?

Answer 48

You can kill in war...but not in peace time. I think different rules should apply...to an extent.

Answer 49

killing doesnt have anything to do with this though....?

Answer 50

I know.....I am just rambling. I just think that different rules apply during war then at peacetime. That is why I believe that there were internment camps.

Answer 51

people were afraid of the Japanese....so they were sent to internment camps just because of being Japanese.

Answer 52

okay so just to get this straight....what happened was that the us felt threatened by potential japanese spies so they sent all japanese to internment camps and korematsu refused to go, arguing it violated the 14th however at time of war, it was okay to put public saftey before the constitution...?

Answer 53

sounds good to me...its true

Answer 54

the internment camps were where?

Answer 55

From this map, they look to be mostly along the west coast
https://www.google.com/search?q=location+of+internment+camps&espv=210&es_sm=93&tbm=isch&imgil=O9RfnXc1nbmPxM%253A%253Bhttps%253A%252F%252Fencrypted-tbn3.gstatic.com%252Fimages%253Fq%253Dtbn%253AANd9GcQIg1hh98GD3Q_82E0WGMPN4tbw6T5B0gV8cIeYFlovEps-hIAmig%253B2622%253B1971%253Baliong6_3D8RRM%253Bhttp%25253A%25252F%25252Farcweb.sos.state.or.us%25252Fpages%25252Fexhibits%25252Fww2%25252Fthreat%25252Fcamps.htm&source=iu&usg=__fXSCxM_AyXPqfZ9eCLuqKNWk-j0%3D&sa=X&ei=dxAhU6alDZK10AGbsoCwDw&ved=0CC8Q9QEwAw#facrc=_&imgdii=_&imgrc=psqQ-z2XGroQHM%253A%3BUYuS-BvfPxfmuM%3Bhttp%253A%252F%252Fupload.wikimedia.org%252Fwikipedia%252Fcommons%252Fthumb%252F6%252F6b%252FMap_of_World_War_II_Japanese_American_internment_camps.png%252F400px-Map_of_World_War_II_Japanese_American_internment_camps.png%3Bhttp%253A%252F%252Fen.wikipedia.org%252Fwiki%252FJapanese_American_internment%3B400%3B332

Answer 56

oh crap...thats long

Answer 57

and its just some pictures...lol

Answer 58

wait so....14th says right to citizenship....im confused

Answer 59

the japanese were being denied citizenship during internment?

Answer 60

I think it is more about the 14th amendment's right to equal protection from the law and the 5th amendment's right to life, liberty, and property and whether , because of the special circumstances of the war, Congress or the President had the power to violate Korematsu's constitutional rights

Answer 61

Because Korematsu was already a citizen

Answer 62

I am sorry but I am going to have to go. My sis is wanting on the computer now. I hope I was able to help some. Good luck :)

Answer 63

14th: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Answer 64

i just want to make sure i get how the 14th was violated

Answer 65

not deprive any person of life,liberty, or property as well as equal protection of the law. This was definitely violated.

Answer 66

okay cool....so i guess im qualifying it...thank you so so so much!

Answer 67

No problem....it was actually kind of interesting. Good luck and let me know how you do on it :)

Answer 68

Lol, it was! I will, thanks again!

Answer 69

:)