Korematsu V. United States: A Case Study

Executive power is vested in the office of the President of the United States. The President has the dual role of being the chief of state and the head of government. The President is also commander in chief of the armed forces. He issues executive orders, and appoints Supreme Court justices (with senate approval). The president is also called "the chief legislator" because he indirectly proposes many bills, considers all bills from Congress and signs them into law or vetoes them.

Mindful of the hardships during war times for all Americans, the Court implies that it is the responsibility of citizens to bear this burden, “We uphold the exclusion order …Not unmindful of the hardships…But hardships are part of war,…the burden is always heavier.” (Korematsu, 357). The hardship of one race seemed to outweigh that of another, no mention is made about the fact that the only race ordered to evacuate by reporting to Assembly Centers followed by indeterminate confinement to detention camps were Japanese Americans. The Supreme Court outlines that this case is about an exclusion order and not racial prejudice, “Our task is simply, our duty clear…we are specifically dealing with nothing but an exclusion order. To cast this case into the outlines or racial prejudice…merely confuses the issue.” (Korematsu, 358) Korematsu was a loyal citizen of the U.S., his loyalty was never attested; nevertheless, he faced charges against him because he refused to obey an order which singled him out because of his ancestry. “Guilt is personal and not inheritable” (Korematsu, 364). The military acted to protect the nation against espionage and sabotage, they were acting in the interest of the nation and at the time of the Pearl Harbor attack time was limited, the loyal could not be segregated from the disloyal. During wartimes however the US Government needs to be mindful that this is a country made of vast cultures, races, religions and the US Constitution

In the Korematsu v. United States case, Japanese Americans were being removed from their homes by executive order. It was deemed necessary

In 1941, the Japanese surprise attacked Pearl Harbor and consequently, the United Stated entered World War II. Thus, in 1942, FDR issued Executive Order No. 9066 which allowed the Secretary of War to designate military areas. The executive order led to Public Law 503 in which Congress made it a criminal offense to violate military orders under Executive Order No. 9066, therefore, allowing the military to begin excluding anyone of Japanese ancestry in the military areas and forcing them to report to internment camps. Fred Korematsu, a Japanese American citizen, willingly refused to evacuate under Civilian Exclusion Order No. 34 and was arrested and convicted. Korematsu appealed his conviction to the Supreme Court where Korematsu V United States was heard with Korematsu as the petitioner and the United States as the respondent.

Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on Americans including; torturing, raping, and murdering was an excuse for Americans aversion towards the Japanese. Public officials began to lock up the Japanese people simply for their own good, for protection against the hate crimes.

The president is the leader of the executive branch. We can’t fully understand what the president is capable of unless we recall that he is held primarily accountable for, the ethics, loyalty, efficiency, and responsiveness to the american whishes. Both the congress and the constitution gave power to the president and rely solely on him to guide

The fundamental part of the president's is the Head of State. This segment needs the president to be an amplifying case for the individuals. In a couple of nations, the head of state could be a king or a queen who wears a crown on remarkable occasions, acclaims national events, and pose for the best values and guidelines of the country. The Chief of State is the current picture of the State. It's contemplated a stunning honor for anybody to meet the president. The second occupation is the Chief government. The president is the "manager" for scores of government staff in the Executive Office of the President that he or she picks. However, the law of the U.S picks powers and advisors to run the official Branch. The third one is that the Chief Diplomat. The president picks what American mediators and negotiators may tell outside governments. With the assistance of advice, the president makes the approach of the u. s. The fourth one is Commander-In-Chief. The president is in charge of the U.S. Military. The president picks wherever troops ought to be situated, wherever transports may be

Perhaps, according to Bernard Schwartz, the greatest failure of American law during World War II may be illustrated by the case of Fred Toyosaburo Korematsu. As graphically described in 1944 by a member of the bench, his case is one that is unique in our system:

I agree, that the president’s greatest powers are the informal powers, but the President is generally seen as the image of America and American government. At the point when an emergency occurs, when disaster strikes, when the country commands an incident or awesome accomplishment, the country listens to and watches the President, the country's "first subject" and "voice of the general population." The President has lots of different informal powers. They include: setting and authorizing an administrative plan, official requests, conveying troops without an assertion of war, and leading and directing outside arrangement activities, between others.

The majority opinion in the ruling of Korematsu v. United States. The majority opinion in this case was in favor of the United States. The court in this case argued that the executive order 9066 (….WHEREAS the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities….(illinois.edu) was legal because after the bombing of pearl harbor, the general population of the United States was in a state of chaos.

Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.

The President of the United States is often considered the most powerful elected official in the world. The President leads a nation of great wealth and military strength. Presidents have often provided decisive leadership in times of crisis, and they have shaped many important events in history. The President has many roles and performs many duties. As chief executive, the President makes sure that federal laws are enforced. As commander in chief of the nation's armed forces, the President is responsible for national defense. As foreign policy director, the President determines United States relation with other nations. As legislative leader, the President recommends new laws and works to win their passage. As

The President’s formal powers, as found in Article II of the U.S. Constitution, begins with Commander in Chief of the Armed Forces. This was the first power listed, signifying the prominence placed on keeping the country secure and safe, especially from foreign invasion. The next formal power of the President is the power to grant reprieves and pardons for offenses against the United States. An example of said power would be, President Gerald Ford pardoning Richard Nixon following the Watergate scandal and the President ordering a reprieve or delay in the case of a person on death row until their case can be heard by a higher court. The President also has the power to make Treaties, with Senate approval, and to appoint Ambassadors and Supreme Court Judges, again, with Senate confirmation.

Presidents of the United States of America have been around since the country became it’s own. Each president is given certain responsibilities and rights. Presidential power is listed in the Constitution but since then, there’s been room for more responsibilities to come into play. The powers exercised in the modern world surpass those included in the Constitution. Today, the president has a number of offices and departments serving under him. These institutions help keep the government together and everything running smoothly. The presidents rely on a number of other things. Some include elections, political parties, interest groups, the media, and public opinion. There are different kinds of powers granted to the president. While some

As the commander in chief, the president plays a significant role in shaping foreign policy. The president possesses the power to appoint senior cabinet members, commit troops and conduct high level talks with foreign governments. Congress, on the other hand, has the power to ratify treaties, confirm the president’s appointees and approve budgetary measures. And while the president has the ability to commit troops, only Congress has the authority to declare war. Despite criticisms of the American policy making process describing it as inefficient and slow moving, the main purpose and thus benefit of the constitutional separation of power is the framework of checks and balances that safeguard against monopolization of foreign policy decision making.