Question

Question: The student brief case must be in your own words and minimum of 300 words on korematsu v. United States... Outline to follow is 1.) Title and citation 2.) facts of the case 3.) issues 4.) decisions (holding) 5.) reasoning (Rationale) 6.) separate opinions 7.) Analysis

Answer 1

Korematsu v. U.S

Source: United States Courts

On the basis of the President Franklin Roosevelt’s order 9066 during Second World War, detention camp was made for the Japanese aliens and Japanese-American citizen. Koematsu was a Japanese-American citizen. He did not want to go to the detention camp. He did not want to leave his flower-nursery business. By plastic surgery he changed his appearance and stayed at his old place. He identified himself as a Spanish. But FBI arrested Koematsu on the charge of failure to report. He was convicted for the violation of the order. He challenged the order and said that he was an American citizen and his conviction was illegal. he was charged in the violation of the military order. The attorney of Koematsdu appealed to the trial court but the court informed that it was the violation of the military order. the case was again sent top the lower court and the lower court said that the order of the trial court was right.

The main issue of the case was whether the military order was right. It was the matter that whether military can evacuate the legal citizen of a state.

Then the case was sent to the Supreme Court for the right judgment. The Supreme court studied the case in close care. Then the court members were divided into two groups. The majority agreed that the eviction order was right as it concerns the security of the majority of the people. So the majority was granted. The order issued to Koematsu was right.

But three justice did not agree with the decision. To of them said that it was an instance of racism. It was not right to evacuate a particular community. Another one said that the evacuation procedure should be peaceful. The forceful evacuation was not right.

But the case proves that it was the violation of the human rights. The peaceful discussion should be taken there. The forceful evacuation was not a right decision.