The Pros And Cons Of Internment

Decent Essays
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 argued that the racial exclusion was unconstitutional and in violation of the Fourteenth Amendment. The United States argued that Congress and the President had the power to order and legislate this exclusion based on Article 1 Section 8 and Article 2 Section 2.
The Court ruled that during World War II, the exclusion of Japanese or those of Japanese descent was constitutional. The Court asserted that Korematsu was not excluded because of his race.
The Court utilized “the most rigid” scrutiny and the evaluation of the intent of the exclusion law to rule that the Civilian Exclusion Order No. 34 was constitutional. The Court also applied the
Get Access