KOREMATSU v. UNITED STATES

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Case Basics
Docket No. 
22
Petitioner 
Korematsu
Respondent 
United States
Term:
Facts of the Case 

During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army.

Question 

Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?

Conclusion 
Decision: 6 votes for United States, 3 vote(s) against
Legal provision: Executive Order 9066; U.S. Const. amend. 5

The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril."

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KOREMATSU v. UNITED STATES. The Oyez Project at IIT Chicago-Kent College of Law. 27 July 2014. <http://www.oyez.org/cases/1940-1949/1944/1944_22>.
KOREMATSU v. UNITED STATES, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1940-1949/1944/1944_22 (last visited July 27, 2014).
"KOREMATSU v. UNITED STATES," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 27, 2014, http://www.oyez.org/cases/1940-1949/1944/1944_22.