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AP Korematsu v. U.S. 1944 FINAL PDF
AP Korematsu v. U.S. 1944 FINAL PDF
(1944)
AP COURSE ALIGNMENT
ADVANCED PLACEMENT ADVANCED PLACEMENT U.S.
U.S. GOVERNMENT AND HISTORY THEMES/ LEARNING
POLITICS TOPICS OBJECTIVES
The enclosed activities for the Korematsu The enclosed activities for the Korematsu v. U.S.
v. U.S. (1944) lesson will help students (1944) lesson will help students address the
address the following parts of the AP U.S. following themes and learning objectives of the
Government and Politics Course Outline: AP U.S. History Course:
177
Teaching Tips: Korematsu v. U.S.
Learning
Activities
objectives 1. To prepare students for this lesson, have them read the
background essay, Handout A: Korematsu v. U.S., and
Students answer the questions.
understand the
major events 2. Lead students to develop a timeline on the board to show
related to the the significant events described in the background essay.
internment 3. Ask students: If your family had 48 hours to dispose
of Japanese of your home, car, and all other property before being
Americans during forced to move into distant temporary housing, which of
World War II. your inalienable rights might be in jeopardy? Discuss:
Students Internees lost liberty AND property. Internees were forced
understand to sell their businesses for terrible losses. For example,
and apply Representative Robert Matsui of California was 6 months
constitutional old when his family was interned. His family had just
principles at issue 48 hours to relocate. His father was forced to sell their
in Korematsu v. house in Sacramento for $50 and simply abandon his
U.S. to evaluate small produce business.
the Supreme
178
extensions
suggests that the policy of internment may have been largely motivated by racial prejudice, as
the dissenters in the Courts opinion maintained. If we discover in the future some evidence
of a well-concealed Japanese-American spy ring, how would that affect your opinion of this
case?
179
Korematsu v. U.S.
Constitutional Principles
Equal protection
Due process
Inalienable rights
key Question
180
document a
document b
2. What must the government provide when it tries to deprive someone
of these rights?
1. This ruling, following the suspension of habeas corpus during the Civil
War, held that civilians could not be tried in military tribunals as long
as civil courts were operational. How might this reasoning apply to
the Korematsu case?
181
document d
Images courtesy
Library of Congress
Prints and
Photographs Division
(LC-USZ62-104778;
LC-USZ62-16555;
LC-USZ62-129811).
the Bill of Rights Institute
182
document e
I ask that the Congress declare that since the unprovoked and dastardly attack
by Japan on Sunday, December seventh, a state of war has existed between the
United States and the Japanese Empire
1. What is infamy?
3. Why did the President maintain that a state of war has [already]
existed?
183
document f
CONFIDENTIAL
INFORMATION BULLETIN
NUMBER 6
G-2 SECTION
GENERAL HEADQUARTERS, U.S. ARMY,
Army War College,
Washington, D. C.,
January 21, 1942
JAPANESE ESPIONAGE
6. Conclusions. --
a. It may be expected that Japanese diplomatic and consular communications
will be replaced now by using the diplomatic and consular organization of an
allegedly neutral power identified with the Axis. They may also use officials of
other neutral countries whom they have subverted.
b. Their espionage net containing Japanese aliens, first and second
generation Japanese and other nationals is now thoroughly organized and
working underground.
c. In addition to their communications net through neutral diplomats, they may
be expected to have their own underground communication net.
d. Extensive use of Occidentals, such as Axis nationals, neutral nationals, and
subverted Americans, is to be expected.
(signed)
the Bill of Rights Institute
P. M. ROBINETT,
Lieut. Colonel, G.S.C.,
Asst Chief of Staff, G-2.
2. How long after the Pearl Harbor attack was this memo written?
Korematsu v. U.S.
184
document g
1. What does this executive order authorize the Secretary of War and his
military commanders to do?
document h
By virtue of the authority vested in me by the Constitution and statutes of the
United States, as President of the United States and Commander in Chief of the
Army and Navy, and in order to provide for the removal from designated areas
of persons whose removal is necessary in the interests of national security, it is
ordered as follows:
185
document i
186
document J
process.
The fact that attack on our shores was threatened by Japan, rather than another
enemy power, set [Japanese] citizens apart from others who have no particular
associations with Japan. ...We cannot close our eyes to the fact, demonstrated
by experience, that, in time of war, residents having ethnic affiliations with an
invading enemy may be a greater source of danger than those of a different
2. Why did the Court hold that the curfew was reasonable?
187
document k
188
document l
majority opinion
unjustifiable to call them concentration camps, with all the ugly connotations
that term implies -- we are dealing specifically with nothing but an exclusion order.
To cast this case into outlines of racial prejudice, without reference to the real
military dangers which were presented, merely confuses the issue. Korematsu
was not excluded from the Military Area because of hostility to him or his race.
He was excluded because we are at war with the Japanese Empire, because the
properly constituted military authorities feared an invasion of our West Coast
1. According to the majority opinion, why was the exclusion order within
the power of Congress?
Korematsu v. U.S.
2. What were the real military dangers that justified the exclusion
order? (See paragraph 3)
3. Why do you think this Justice clarified the point regarding racial
prejudice?
189
document m
2. Put the following phrase in your own words: The principle then lies
about like a loaded weapon, ready for the hand of any authority that
can bring forward a plausible claim of an urgent need.
the Bill of Rights Institute
Korematsu v. U.S.
190
document N
intended that this discriminatory action should be taken against these people
wholly on account of their ancestry even though the government conceded their
loyalty to this country. We cannot make such an assumption.
Mitsuye Endo is entitled to an unconditional release by the War Relocation
Authority.
191
document O
3. To what extent do you think the United States lived up to those ideals
with respect to the events and aftermath of Korematsu v. U.S.?
Korematsu v. U.S.
192
document p
By the time the cases of Gordon Hirabayashi and Fred Korematsu reached the
Supreme Court, the Solicitor General had learned of a key intelligence report
that undermined the rationale behind the internment. The Ringle Report,
from the Office of Naval Intelligence, found that only a small percentage of
Japanese Americans posed a potential security threat, and that the most
dangerous were already known or in custody. But the Solicitor General did not
the Solicitor Generals representations. The court thought it unlikely that the
Supreme Court would have ruled the same way had the Solicitor General
exhibited complete candor. Yet those decisions still stand today as a reminder
of the mistakes of that era.
193
Today, our Office takes this history as an important reminder that the special
credence the Solicitor General enjoys before the Supreme Court requires
great responsibility and a duty of absolute candor in our representations
to the Court. Only then can we fulfill our responsibility to defend the United
States and its Constitution, and to protect the rights of all Americans.
Source: http://blogs.justice.gov/main/archives/1346
194
the
endures
National Defense Authorization Act (2012)
Subtitle D Counterterrorism
20 SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF
THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE.
24 (a) IN GENERAL.Congress affirms that the authority of the President to use
all necessary and appropriate force pursuant to the Authorization for Use of
Military Force includes the authority for the Armed Forces of the United States to
detain covered persons pending disposition under the law of war.
6 (b) COVERED PERSONS.A covered person under this section is any person
as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks
that occurred on September 11, 2001, or harbored those responsible for those
attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban,
or associated forces that are engaged in hostilities against the United States or
its coalition partners, including any person who has committed a belligerent act
or has directly supported such hostilities in aid of such enemy forces.
3. To what extent does this law permit covered persons access to legal
Korematsu v. U.S.
representation?
195
APPENDIX
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ONLINE RESOURCES
Consult any of the following websites for additional resources to learn more about the
Supreme Court and landmark cases.
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CASE BRIEFING SHEET
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THE BILL OF RIGHTS INSTITUTE TEACHER TOOLBOX
KEY QUESTION SCORING GUIDELINES FOR ALL ESSAYS
239
death and destruction. In such times
people are often willing to take shortcuts
$&*$!
/"$%!-$$
prejudices against Asian Americans were
more likely to come to the surface, so
Document A: The United States Constitution ! ##% $ ##" &
(1789) decision to round up Japanese Americans
and send them to detention camps.
1. The writ of habeas corpus is the guarantee
that a person who is arrested may insist
on being taken before a judge for a Document E: Franklin D. Roosevelts Infamy
hearing. If the arresting authorities cannot Speech (1941)
! " 1. 65$$&$&!7&%(*$$%(
good cause for detaining the prisoner, he outrageous act.
or she must be promptly released. The
2. 6*$#$" $*% $&!(
#$"$%&'$&habeas corpus may
%!( %$)%!( )"$( &%(
be suspended only in cases of rebellion
( *$( *!( "
$"$( ' #)%$* &!
( #"8( %!
**#
%%'&##$$"$%$
reasoned responses regarding the
"%% &&* & #*
Document B: The Fifth Amendment (1791) ! "%% &&* '
1. This portion of the Fifth Amendment to highlight the urgent situation that the
#"$&%" 4#*8*('$%*"!$
not take anyones life, liberty, or property *%&%"$
without following fair and just procedures nations response.
according to the law. Life, liberty, and 3. Beginning from the time that the Japanese
property are inalienable rights belonging *8(
' '( "
)!"!)$
)& 0 *% 8 &5*$%
2. due process of law declaration.
4. According to Article 1, Section 8, Clause
Document C: Ex Parte Milligan (1866) 11, only Congress has the power to
declare war.
THE BILL OF RIGHTS INSTITUTE
Infamy (1941)
4#*8/%<)
1. Students may respond that the images
portray a sense of shock and panic, and
4# $ #$)% & $$5*
262
Document G: Executive Order 9066, Document J: Hirabayashi v. United States
February 19, 1942 (1943)
1. -*$" $= 1. <$)!$ ' *"$* & "$%$
*! & > $ $%$! the curfew order that required all persons
*( '" *! of Japanese ancestry to be in their
desirable, to designate and take control residences between 8 p.m. and 6 a.m.
of certain military areas. This control
2. The Court held that the curfew was
includes the power to exclude any and all
reasonable because the curfew was a
persons, as well as to determine who has
reasonable war measurenecessary
$($$(%"
to meet the threat of sabotage and
*! & > $%$!
espionage. The reasoning was that
*"$*$$
$ $ & '( $ "$ $*
and impose any restrictions at any time.
&5%$$'$$"$!!)
a greater source of danger than those of a
Document H: Executive Order 9102, March different ancestry. Also, the Court noted
18, 1942 that The Fifth Amendment contains no
1. -*$" ?@ #"$ & equal protection clause, and it restrains
*$ & #*$5* *!( > only such discriminatory legislation by
%*$$!(*!-*$" congress as amounts to a denial of due
?DD )! "%#$ #* process.
for relocation, maintenance, and
3. Accept reasoned responses. Students
#"$$E&G#*%
! #%! ) -*$"
of persons designated
?DD ?@( ##% "!
%$% $* & "$ $*$
Document I: Instructions to Japanese, April $*$"$$
1, 1942
1. The instructions are directed to all Document K: Memorandum, Biddle to FDR,
persons of Japanese ancestry within the December 30 (1943)
$$* $ 5 ##
+
1. According to Biddle, the practice of
was posted April 1.
keeping loyal American citizens in
2. The head of each family is to report to concentration camps on the basis of race
263
Document L: Korematsu v. United States Document N: Ex parte Mitsuye Endo,
(1944), Majority Opinion December 18, 1944
1. According to the majority opinion, the 1. The serious constitutional question,-
exclusion order was within the power of ' RU $ "$%
Congress due to the conditions of modern guarantees of the Bill of Rights of the
'&(ME " G*#%! federal Constitution and especially the
exclusionis inconsistent with our basic guarantee of due process of law. There
"% $$$( M #' can be but one answer to that question. An
protect must be commensurate with the $%!%!%*$$=)#$"
threatened danger. &%$)!&#$&!
the Constitution she should be free to
2. The real military dangers included the
come and go as she pleases. Instead,
&%%'$7 > ' ' '$
her liberty of motion and other innocent
Japanese empire and the properly
*$"$$ " ) #$)$
*$ $%$! & $"$
conditioned. She should be discharged.
&>0
M'"$*
of disloyalty on the part of somewe 2. Accept reasoned responses In
cannot determine that the actions were Korematsus case, the court ruled that
$5)$$
"% & $* & 4#
descent did not exceed the war powers of
3. The majority disputed the dissenters
/$0
claim that the exclusion and detention of
Japanese Americans was based on racial +W*("%(
prejudice. To cast this case into outlines " "% $
of racial prejudice, without reference #* ' '$$ "W
to the real military dangers which were power as a wartime measure, once the
presented, merely confuses the issue. " ** $$"$%W
Korematsu was not excluded from the loyalty, she must be released. The
Military Area because of hostility to him or authority to detain a citizen or to grant him
his race. Military leaders determined that a conditional release as protection against
it was necessary for the nations safety to espionage or sabotage is exhausted
"4#&( at least when his loyalty is conceded.
Congress was correct to trust the military If we held that the authority to detain
THE BILL OF RIGHTS INSTITUTE
264
Document O: George H. W. Bush, Letter 2. The Little Rock Crisis took place when the
from President Bush to Internees (1991) v"&8&$"
1. The constitutional ideals mentioned by ' ) #" $ &$*
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3. Eisenhower ordered the mob to disperse
3. Accept reasoned responses with respect and when it did not, sent the 101st
to the remaining question. $) 6$"$$ 8# #*
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also federalized the Arkansas National
Document P: Duty of Absolute Candor: v( "$ &
Katyal Blog Post (2011) 8"W*
1. Based on this document, it appears clear 4. Eisenhower described his constitutional
that the relocation policy was not in any duty to take care that the laws were
way based on military necessity. faithfully executed as inescapable.
2. Accept reasoned responses. _
Students may say that the Constitution
says the states and the people keep
The Issue Endures %% #' $" &%
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1. 0" # $*% ! ' rightfully in charge of matters such as
' $"%" $ #%$ *!$ public education. They may also say that
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states, but that it does not say who can
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without trial until the end of hostilities. the militia, perhaps it is also Congresss
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265