Fred Korematsu v. United States by: Tadan melecio

Fred Korematsu v. United States

323 US 214

Korematsu v. US

Harlan F. Stone was the Chief Justice in this case

Following the attack Japan executed on Pearl Harbor the Japanese Americans, Americans that have any Japanese ancestry, were sent off to internment camps in certain areas of the United States by executive order 9066, which was passed by president Franklin D. Roosevelt. Fred Korematsu, a Japanese American who was asked to leave his home refused to do so because he said it was a violation of his rights guaranteed by the Constitution.

Before making it to the Supreme Court it first went to the Court of Appeals and after they reached the decision that the government is in the right he took it to the Supreme Court.

Korematsu argued that they were violating his rights as a US citizen by forcing him to leave his home to go to an internment camp. On the other hand, the government argued that for safety from treason it was in their best interest if they separated and contained all Japanese Americans.


The petitioner's main goal was to stop the government from moving all Japanese Americans to internment camps.

On December 18, 1944 the Supreme Court decided with the government. Justices Stone, Black, Reed, frankfurter, Douglas, and Rutledge all voted with the majority. The majority opinion, written by Justice Hugo L. Black, stated that the need in wartime to protect against espionage outweighed Korematsu's individual rights. No concurrent opinions were written.

Justice Robert H. Jackson wrote the dissent opinion stating The military order was racist; an attempt to hold a person guilty for the crime of being born of Japanese ancestry.

This case has not changed anything with the Constitution. This case remains very relevant because it is brought up throughout civil rights arguments like the ones after 9/11

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