History of Regrets
After reading Houston’s memoir Farewell to Manzanar, it brings out the treatment of the government of the United States to the Japanese living in the country at the time of world war two were discriminative. In the Executive Order 9066, it is evident that the policies the government was trying to enforce were solely aimed at oppressing the Japanese. The order opened up a gap that would allow the military commanders to make the decisions on who should be evacuated from the military area. This freedom led to the Japanese being evacuated to concentration camps since they were viewed as threats to the United States. Fred Korematsu was charged with defying military orders to evacuate and detained. According to him, he had not committed any crime to warrant him to be charged. More to that, Korematsu was born in the United States and is thus a citizen of the United States. By arresting him, the government had violated his rights as a citizen of the United States. When he tried to defend himself at the Supreme Court, the judgment passed overlooked the provisions in the law for him as a citizen. This is because it had violated the fourth, fifth and fourteenth amendments. The fourth amends requires that everyone be accorded the right to be secure with everything that belongs to them. It is provided that they shall not be subjected to unreasonable investigation, detention and also any violations of whatsoever nature unless with conclusive evidence. The Fifth Amendment provides for a person’s freedom in the United States to be respected and if it is to be withdrawn then there has to be a legal process to do as such. The fourteenth amendment states that any an individual who is a United States citizen either through birth or by naturalization remains to be a citizen. The government thus is not in a capacity to authorize any laws that will deprive any citizens of their rights or invulnerability as citizens of the United States. Korematsu’s arrest and detention because of the order issued by the president therefore shows that the government was indeed racially discriminating him. There was no evidence to prove that Korematsu was indeed a threat to the United States and also he should have been allowed to continue enjoying his freedom since he was a citizen of the United States by birth. By convicting him because he was Japanese, the government showed discrimination towards a race. Part A
During Korematsus trial, a 6-3 majority supported his conviction. Justice Hugo Black who authored for the majority suggested that the country was indeed at war with the Japanese and thus, Korematsu’s conviction was not because he was of Japanese origin or anything, but rather the fact that he had defied the military orders to assemble with other japanese. Thus he was being arrested due to his ancestral background.
Justice Owen Roberts greatly disagreed with the conviction of Korematsu. In his dissenting he shows that the reasons behind Korematsu’s arrest are not valid and deny him his rights. He says that even if Korematsu would have obeyed the orders he would still have had his rights violated. He was avoiding being incarcerated in the concentration camps and now he is fighting not to be convicted. Both options that the state is presenting to him appear to be one and the same thing. Thus his freedom in that country has already been denied since he cannot be anywhere else other than under tight security. According to Judge Owens this is unfair and shows discrimination against a citizen of the United States.
Justice Frank Murphy also disagrees with the conviction. In dissenting he claims that what the government is doing is actually legalizing racism. He claims that even though every individual has a heritage of their own, so long as they are citizens of the united they have agreed to follow the set laws in the constitution of that country. Thus, there is no valid reason...
Bibliography: Guttentag, Lucas. "Discrimination, Preemption, and Arizona’s Immigration Law - Stanford Law Review." Stanford Law Review. N.p., 18 June 2012. Web. 8 Dec. 2012. <http://www.stanfordlawreview.org/online/discrimination-preemption>.
"Executive Order 9066: The President Authorizes Japanese Relocation." History Matters: The U.S. Survey Course on the Web. N.p., n.d. Web. 8 Dec. 2012. <http://historymatters.gmu.edu/d/5154/>.
Seth, Hoy. "More and More States Introduce Costly Anti-Immigration Bills | Alternet." Alternet | Alternative News and Information. N.p., 9 Feb. 2012. Web. 8 Dec. 2012. <http://www.alternet.org/story/154072/more_and_more_states_introduce_costly_anti-immigration_bills?paging=off>.
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