posted
I'm currently writing a research paper studying the rationale behind Roosevelt's Executive Order 9066 as well as how this order was upheld by the Supreme Court in Koremasu V US.
I'm not asking anybody to help me write my paper directly. What I could use is some help in finding materials dealing with Koremasu V US. I've never done a paper on a court case, and I am finding that besides findlaw.com I can't find much that discusses the case or the court's opinion.
If any of you folks know any resources, be they websites, books, media, etc that deal with this issue, I would be much obliged.
While I write my paper and get closer to forming an opinion I'd like to discuss both of those things with you folks.
Right now, though I agree Executive Order 9066 was a bad idea, and Koremasu V US in large part was influenced by racial fears and sinophobia, there is a concept of restricting the individuals civil rights during wartime.
Though it's doubtful there was any extensive Japanese American espionage efforts, had there been a clear and present danger from the Insei or the Nisei in America it's hard to conceptualize what could be done to respond to the danger that would present.
During the Civil War there obviously was a danger from citizens attempting to subvert the governments attempts to reclaim the South and hence Habeus Corpus was suspended. Constitutionally the government has no right to do so, but following the principles of common law there is a precedent for it.
That's all I got for now, it would be a blessing if even one hatracker could help me with finding a good resource on Koremasu V US.
Posts: 14316 | Registered: Jul 2005
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posted
Here are some law journal citations that might be useful. The top line of each is the citation in bluebook format - it's enough to track down the article if you have access to Westlaw, Lexis, or HeinOnline through your library.
92 Va. L. Rev. 1879 Virginia Law Review December, 2006 Essay TAKING ITS PROPER PLACE IN THE CONSTITUTIONAL CANON: BOLLING V. SHARPE, KOREMATSU, AND THE EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS Peter J. Rubin
22 Ga. St. U. L. Rev. 711 Georgia State University Law Review Spring, 2006 Notes & Comments NATIONAL SECURITY VERSUS DUE PROCESS: KOREMATSU RAISES ITS UGLY HEAD SIXTY YEARS LATER IN HAMDI AND PADILLA Sarah A. Whalin
4 Seattle J. for Soc. Just. 1 Seattle Journal for Social Justice Fall/Winter 2005 The Resisters of the Japanese American Internment TAKING THE STAND: THE LESSONS OF THREE MEN WHO TOOK THE JAPANESE AMERICAN INTERNMENT TO COURT Lorraine K. Bannai
68-SPG Law & Contemp. Probs. 15 Law and Contemporary Problems Spring 2005 Judgments Judged and Wrongs Remembered: Examining the Japanese American Civil Liberties Cases on Their Sixtieth Anniversary Eric L. Muller Special Editor KOREMATSU: A MÉLANGE OF MILITARY IMPERATIVES Eugene Gressman
68-SPG Law & Contemp. Probs. 57 Law and Contemporary Problems Spring 2005 Judgments Judged and Wrongs Remembered: Examining the Japanese American Civil Liberties Cases on Their Sixtieth Anniversary Eric L. Muller Special Editor A COMMANDER'S POWER, A CIVILIAN'S REASON: JUSTICE JACKSON'S KOREMATSU DISSENT John Q. Barrett
99 Nw. U. L. Rev. 1279 Northwestern University Law Review Spring 2005 Comment CONSTITUTIONAL STRETCH, SNAP-BACK, AND SAG: WHY BLAISDELL WAS A HARSHER BLOW TO LIBERTY THAN KOREMATSU Rebecca M. Kahan
27 T. Jefferson L. Rev. 255 Thomas Jefferson Law Review Spring 2005 Lead Article IN THE DEFENSE OF FRED KOREMATSU: VOX CLAMANTIS IN DESERTO CURIARUM Daniel F. Tritter
6 Asian-Pac. L. & Pol'y J. 6 Asian-Pacific Law and Policy Journal Winter, 2005 A Tribute to Patsy Takemoto Mink INTRODUCTION OF FRED KOREMATSU Eric K. Yamamoto
6 Asian-Pac. L. & Pol'y J. 8 Asian-Pacific Law and Policy Journal Winter, 2005 A Tribute to Patsy Takemoto Mink THE PASSING OF A CONSTITUTIONAL LAW LEGEND: FRED KOREMATSU PASSES AWAY AT 86 YEARS Korematsu Coram Nobis Legal Team
29 N.Y.U. Rev. L. & Soc. Change 613 New York University Review of Law and Social Change 2005 Brief Amicus Brief RASUL V. BUSH & AL ODAH V. U.S.: BRIEF AMICUS CURIAE OF FRED KOREMATSU
13 Temp. Pol. & Civ. Rts. L. Rev. 663 Temple Political and Civil Rights Law Review Spring 2004 Symposium Vision and Revision: Exploring the History, Evolution, And Future of the Fourteenth Amendment REFLECTIONS ON KOREMATSU, BROWN AND WHITE INNOCENCE Neil Gotanda
54 Syracuse L. Rev. 109 Syracuse Law Review 2004 Articles SHOOTING JUSTICE JACKSON'S “LOADED WEAPON” AT YSAR HAMDI: JUDICIAL ABDICATION AT THE CONVERGENCE OF KOREMATSU AND MCCARTHY Chris K. Iijima
13 Temp. Pol. & Civ. Rts. L. Rev. 51 Temple Political and Civil Rights Law Review Fall 2003 Article KOREMATSU'S CIVIL RIGHTS CHALLENGES: PLAINTIFFS' PERSONAL UNDERSTANDINGS OF CONSTITUTIONALLY GUARANTEED FREEDOMS, THE DEFENSE OF CIVIL LIBERTIES, AND HISTORICAL CONTEXT Thomas Y. Fujita-Rony
10 Asian L.J. 37 Asian Law Journal May, 2003 Article KOREMATSU V. UNITED STATES: A “CONSTANT CAUTION” IN A TIME OF CRISIS Susan Kiyomi Serrano
112 Yale L.J. 1911 Yale Law Journal May, 2003 Case Comment KOREMATSU CONTINUED . . . Elbert Lin
2003 Wis. L. Rev. 273 Wisconsin Law Review 2003 Symposium Issue: Civil Liberties in a Time of Terror Articles DEFENDING KOREMATSU?: REFLECTIONS ON CIVIL LIBERTIES IN WARTIME Mark Tushnet
16 Geo. Immigr. L.J. 685 Georgetown Immigration Law Journal Spring, 2002 Notes IS KOREMATSU GOOD LAW IN THE FACE OF TERRORISM? PROCEDURAL DUE PROCESS IN THE SECURITY VERSUS LIBERTY DEBATE Micah Herzig
47 Vill. L. Rev. 451 Villanova Law Review 2002 Comment KOREMATSU'S GHOST: A POST-SEPTEMBER 11TH ANALYSIS OF RACE AND NATIONAL SECURITY Liam Braber
40 B.C. L. Rev. 1 Boston College Law Review December, 1998 A Joint Symposium by the Boston College Third World Law Journal: The Long Shadow of Korematsu INTRODUCTION: PRAISING WITH FAINT DAMNATION - THE TROUBLING REHABILITATION OF KOREMATSU Alfred C. Yen
4 Asian Pac. Am. L.J. 72 Asian Pacific American Law Journal Fall, 1996 THE LEGACY OF KOREMATSU V. UNITED STATES: A DANGEROUS NARRATIVE RETOLD Dean Masaru Hashimoto
70 N.Y.U. L. Rev. 196 New York University Law Review April, 1995 Note MISTERS KOREMATSU AND STEFFAN: THE JAPANESE INTERNMENT AND THE MILITARY'S BAN ON GAYS IN THE ARMED FORCES Lawrence Kent Mendenhall
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posted
Thanks so much Dag. Honestly if I can access even 20% of those resources I should be in good shape. After just reading the justices opinions, I'm finding Koremasu to be quite a bit meatier than I had anticipated.
It seems the justices who ruled on the matter were stuck between a rock and a hard place.
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posted
BTW, this kind of thing (Canada also has its own shameful counterpart in how we treated our Japanese during the war) is exactly why I feel a slowly increasing unease about tensions between the US and China as China grows stronger.
Not sure what I can exactly do about it (indeed, there may very well be nothing I can do about it). But this is why I occasionally just drop the topic when it comes around to the issue of what racist things the West has done in the past and a common response is, "Well, it wasn't *so* bad and besides I'm sure we're better now."
I'm consciously (or unconsciously) thinking, "Man, I *hope* you're right. But I'm going to keep the car warm just in case."
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Interesting fact: Earl Warren was involved in either coming up with this plan or defending it - I can't remember which. In Simple justice: the history of Brown v. Board of Education and Black America’s struggle for equality, Richard Kluger recounts how worried the NAACP legal time was when Warren was appointed Chief Justice between the first and second oral arguments in Brown v. Board.
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I remember it mentioning Korematsu* but I don't have the time at the moment to look through it. *Note the T in the spelling. Also, issei are first generation immigrants. insei are students of the game Go.
EDIT - I also apparently don't have enough time to notice a glaring redundancy.
quote:Originally posted by Mucus: BTW, this kind of thing (Canada also has its own shameful counterpart in how we treated our Japanese during the war) is exactly why I feel a slowly increasing unease about tensions between the US and China as China grows stronger.
Not sure what I can exactly do about it (indeed, there may very well be nothing I can do about it). But this is why I occasionally just drop the topic when it comes around to the issue of what racist things the West has done in the past and a common response is, "Well, it wasn't *so* bad and besides I'm sure we're better now."
I'm consciously (or unconsciously) thinking, "Man, I *hope* you're right. But I'm going to keep the car warm just in case."
I don't see a lot of anti-Chinese prejudice (other than, you know, not wanting to buy toys/products made in China-- which I can't really blame people for lately, if they don't want to be exposed to lead and such.) I do see a lot of anti-Muslim prejudice (and anyone who "looks" Muslim prejudice-- I've seen people shout slurs at Jewish women who cover their hair, for instance, and at Sikh men in turbans.) But yeah, prejudice in America is far from dead.
From the time I was very small every time we drove by Santa Anita Race Track my dad would tell us about how it had been an internment camp in WWII, and what that was about and why it was important we not repeat that.
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posted
I grew up near Cody Wyoming were one of the camps was located. At the time it was the 2nd largest city in the state. We took a field trip there in elementry school and saw how they lived. Kind of sad that it happened.
One of the interesting things I learned either on that trip as a kid or in Con Law class discussing the case was that they recruited soldiers from these camps and sent them to fight in Europe. And they enlisted!!! Many of these people were true patriots and our country treated them very poorly. Many also lost their property while they were in the camps.
posted
Yes, many Japanese people from the camps volunteered. They joined the 442nd Regiment, which was an all-Nisei unit and the most highly decorated unit during the war . The majority were actually from Hawaii, not from the camps -- neither of my grandparents were interned because they were living in Hawaii, and my grandfather ended up serving in the 442nd. Apparently, someone saw the wisdom in not locking up a third of Hawaii's population, but it's ironic given the location of the Japanese attack.
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quote:Originally posted by Sergeant: I grew up near Cody Wyoming were one of the camps was located. At the time it was the 2nd largest city in the state. We took a field trip there in elementry school and saw how they lived. Kind of sad that it happened.
One of the interesting things I learned either on that trip as a kid or in Con Law class discussing the case was that they recruited soldiers from these camps and sent them to fight in Europe. And they enlisted!!! Many of these people were true patriots and our country treated them very poorly. Many also lost their property while they were in the camps.
Sergeant
I feel like there was an author from Wyoming who wrote about one of the camps...? Spent a summer working out in the Wind Rivers and I seem to recall reading something of the sort.
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quote:Originally posted by ketchupqueen: I don't see a lot of anti-Chinese prejudice (other than ...
I see enough, but I regularly spend a lot of time in either Waterloo or Markham, Ontario. Both places where a large Chinese population comes into occasional conflict with the general population. I won't go into the ugly details, but I see enough in my own life, related by my parents, and through the news to be, well, concerned enough to keep an eye on it.
But your Muslim example is a good one. The real test of racism against Chinese people is not now. Tensions between the West and China are not really that bad. The real test is when things get really bad, when there is actual war and conflict, when soldiers start getting sent back not in hundreds per year but in thousands per day.
Even the "war of terror" isn't actually all that bad. With apologies to those who knew people in 9/11, the casualties to American civilians + soldiers is only now starting to be roughly, what 10,000 dead? From an actuarial perspective or compared to WWII, Korea, Vietnam, this is actually fairly small.
Yet even this is enough to see that anti-Muslim prejudice is probably on the upswing. What would happen if there is a *real* war when things get really bad or if there are a couple more 9/11s or something bigger. If I was a Muslim, take precautions/be worried/make plans for a backlash. As a Chinese person, luckily things have *much much* more to go before being that worried.
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I agree, Mucus. And that's why I used the Muslim example, too, because I thought that's where you were going with it.
I'm aware there probably is anti-Chinese prejudice-- I'm aware, for example, that there are parts of the city I live in where Asian-American gangs come in regular conflict with Central American and other gangs, and so prejudice is more rampant than it is up where I live-- but I don't think it's AS widespread among the general population right now as it probably would be were we at war (declared or otherwise.)
The thing that has always struck me as really weird about the people shouting slurs and boycotting businesses and such is, that the people they are so angry at are NOT the ones who are going to be in America. I'd be willing to wager a bit (were I a betting woman) that most Muslims in America and Chinese-Americans despise the same things that the people shouting at them do (human rights violations, suicide bombings, senseless imprisonments and killings, anti-American prejudice, etc.) That's why they live in America.
Now, if people would use their brains a little they might realize that before they make stupid uninformed statements or throw rocks at store windows. Posts: 21182 | Registered: Sep 2004
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Hey, don't infringe on every American's right to be an idiot! That's bigotry! </tongue from cheek>
Posts: 2283 | Registered: Dec 2003
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Thats actually a good point. One heartening thing is that there recently was an Ontario election issue about having government funded religious schools in order to balance out the two existing Catholic and public school systems. (The Catholic school system in Ontario is kind of a historical anomaly) The party that championed the idea did very poorly.
There was a news article that numerically showed that many immigrant communities were actually dis proportionally against the idea. The implication when combined with more anecdotal articles such as this http://www.thestar.com/Ontario%20Election/article/261486 was something like this:
quote: Prasad Gopinath believes John Tory is everything the next premier of Ontario should be: smart, capable and trustworthy.
But his plan to vote Conservative was derailed by Tory's stance on extending funding to all religious schools.
"It's a bloody stupid idea. When you segregate people along religious lines, it leads to ghettoization," said Gopinath, 49, a travel agency executive whose son attends a Mississauga public school.
"The beauty of the public school system is Hindu, Sikh, Jew, Christian children can learn and play together, which goes a long way toward developing understanding.
"Religion has no place in schools. If I want to teach my son the Hindu religion, I should finance it from (my) own pocket and not expect my neighbours to do it."
Faith-based school funding has become a major issue in the provincial election. What may be surprising is the groundswell of opposition among those at whom it seems targeted: religious minorities and immigrants in the GTA.
Many are calling it anathema to the values of inclusion and secularism that attracted them to Canada.
...
Proponents of the idea may have misunderstood the immigrant psyche, said Akaash Maharaj, senior fellow in politics at the University of Toronto's Massey College.
"Many immigrants have come to Canada precisely because their countries of origin were racked with sectarian strife, and faith-based schools are evocative of those memories. ... Immigrants to Canada actively chose this country because of our core values and it is therefore an error in logic that such people can be appealed to other than through an appeal to Canadian values."
Tory's plan is entirely defensible, Maharaj said: Equity is a core Canadian value, whether it's accomplished by funding all faith-based schools or none.
"But Tory has been unable to champion that vision. Rather than the Liberals having to defend what is clearly an asymmetrical treatment of different faith groups, Tory is having to defend his support of the public school system," Maharaj said.
This kind of surprise is definitely heartening and does highlight that odd disparity that you mentioned.
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