Fred Korematsu at the Family NurseryFred Korematsu at the Family Nursery(Third from Left)(Third from Left)

The Shibuya family pictured at their home before evacuation. The Shibuya family pictured at their home before evacuation. The father and the mother were born in Japan and came to the The father and the mother were born in Japan and came to the

U.S. in 1904. At that time the father had $60 in cash and a U.S. in 1904. At that time the father had $60 in cash and a basket of clothes. He built a prosperous business of raising basket of clothes. He built a prosperous business of raising

select varieties of chrysanthemums which he shipped to select varieties of chrysanthemums which he shipped to Eastern markets under his own trade name. Six children in the Eastern markets under his own trade name. Six children in the

family were born in the United States.family were born in the United States.

““How to tell the Japs from the Chinese,”How to tell the Japs from the Chinese,”Life, Life, December 1941December 1941

Waiting for Evacuation in San FranciscoWaiting for Evacuation in San Francisco

Topaz, UT Internment CampTopaz, UT Internment Camp

442442NDND Regimental (all-Nissei) Regimental (all-Nissei) Combat Team,Combat Team,

Anzio Beachhead, 1943Anzio Beachhead, 1943

Children Pledging Allegiance at San Raphael Children Pledging Allegiance at San Raphael Weill Weill

Public School, San Francisco, California, 1942,Public School, San Francisco, California, 1942,Dorothea LangeDorothea Lange

Austin E. Anson, managing secretary of the Salinas Vegetable Austin E. Anson, managing secretary of the Salinas Vegetable Grower-Shipper Association, told the Grower-Shipper Association, told the Saturday Evening PostSaturday Evening Post in in

1942: "We're charged with wanting to get rid of the Japs for 1942: "We're charged with wanting to get rid of the Japs for selfish reasons. We do. It's a question of whether the white man selfish reasons. We do. It's a question of whether the white man

lives on the Pacific Coast or the brown men ... If all the Japs lives on the Pacific Coast or the brown men ... If all the Japs were removed tomorrow, we'd never miss them in two weeks, were removed tomorrow, we'd never miss them in two weeks,

because the white farmers can take over and produce because the white farmers can take over and produce everything the Jap grows. And we don't want them back when everything the Jap grows. And we don't want them back when

the war ends, either."the war ends, either."

Constitutional Issues in Constitutional Issues in KorematsuKorematsuQuestions for the court to decide:Questions for the court to decide:

Would they accept (“take judicial notice” of) factual claims made Would they accept (“take judicial notice” of) factual claims made by DeWitt about security threats posed by Japanese?by DeWitt about security threats posed by Japanese?

Were those factual claims strong enough to pass the “rigid/strict” Were those factual claims strong enough to pass the “rigid/strict” scrutiny required for the government to ignore the Fifth scrutiny required for the government to ignore the Fifth Amendment to the Constitution and its guarantee of “due process Amendment to the Constitution and its guarantee of “due process of law”?of law”?

Did the circumstances on the West Coast justify denying Did the circumstances on the West Coast justify denying individual Japanese Americans a hearing and trial before being individual Japanese Americans a hearing and trial before being detained, thereby depriving them of “life, liberty and property”?detained, thereby depriving them of “life, liberty and property”?

Could the recently decided Could the recently decided Hirabayashi Hirabayashi case (where Supreme case (where Supreme Court unanimously ruled that pre-internment security concerns Court unanimously ruled that pre-internment security concerns justified an 8 pm curfew on all West Coast Japanese residents) be justified an 8 pm curfew on all West Coast Japanese residents) be used as legal precedent for the much more intrusive order to used as legal precedent for the much more intrusive order to leave one’s home and enter a detention camp?leave one’s home and enter a detention camp?

And could the order to evacuate—the only order Korematsu was And could the order to evacuate—the only order Korematsu was charged with violating—properly be called an order for indefinite charged with violating—properly be called an order for indefinite detention in internment camp? Was one by necessity, by then detention in internment camp? Was one by necessity, by then (May ‘42), logically and necessarily linked to the other? Or could (May ‘42), logically and necessarily linked to the other? Or could it be more narrowly defined as simply an order to report to an it be more narrowly defined as simply an order to report to an assembly center with no implication of future detention?assembly center with no implication of future detention?

Questions (that might be adapted for class Questions (that might be adapted for class discussion):discussion):

1. What factual claims about the military necessity of 1. What factual claims about the military necessity of Japanese American evacuation were in dispute? Did Japanese American evacuation were in dispute? Did any of the justices question the military’s claims? any of the justices question the military’s claims?

2. How and why could they have argued for both narrow 2. How and why could they have argued for both narrow constitutionality of this evacuation/detention order and constitutionality of this evacuation/detention order and broad ruling on “strict scrutiny” application of racial broad ruling on “strict scrutiny” application of racial discrimination?discrimination?

3. What other information/background information 3. What other information/background information might be helpful in answering the biggest question of might be helpful in answering the biggest question of how they could deliver one of the most unjust, anti-civil how they could deliver one of the most unjust, anti-civil liberties cases in U.S. history? (e.g., Hugo Black was a liberties cases in U.S. history? (e.g., Hugo Black was a former member of the Klan, though a staunch defender former member of the Klan, though a staunch defender of civil liberties, later wrote the of civil liberties, later wrote the Pentagon Papers Pentagon Papers decision; 7/9 justices appointed by FDR)decision; 7/9 justices appointed by FDR)

Relocation/Life in the Camps/American Relocation/Life in the Camps/American MemoryMemory

http://www.densho.org/sitesofshame/family.xmlhttp://www.densho.org/sitesofshame/family.xml

Fred Korematsu with Rosa ParksFred Korematsu with Rosa Parks