Korematsu v. United States

Korematsu v. United States, 323 U.S. 214 (1944), was a landmark United States Supreme Court case which asked the question, "Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?"

Related Topics:
323 U.S. 214 - 1944 - United States Supreme Court

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In a 6-3 decision, the Court sided with the government, ruling that the Japanese American Internment was not unconstitutional. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Korematsu's individual rights, and the rights of Americans of Japanese descent. Justice Black argued that race-based compulsory exclusion, though constitutionally suspect, was justified by the government's assertion of wartime necessity.

Related Topics:
Japanese American Internment - Unconstitutional - Hugo Black

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The decision in Korematsu v. United States has been one of much controversy. Indeed, Korematsu's conviction for evading internment was overturned on November 10, 1983, after Korematsu challenged the earlier decision by filing for a writ of coram nobis. In a ruling by Judge Marilyn Hall Patel, the Federal District Court for the Northern District of California granted the writ (that is, it voided Korematsu's original conviction) because in Korematsu's original case, the government had knowingly submitted false information to the Supreme Court that had a material impact on the Supreme Court's decision. However, because the coram nobis decision applied only to the factual basis for Korematsu's conviction but not its legal basis, the government arguably still has the power to order mass exclusion and internment like the original Japanese American internment.

Related Topics:
November 10 - 1983 - Writ - Coram nobis - Marilyn Hall Patel - Federal District Court - Supreme Court - Japanese American internment

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The case continues to cause controversy, as an example of government's powers during war and the balance of those powers with individual rights. Similar questions have been asked during the War on Terror, regarding privacy rights and search and seizure issues.

Related Topics:
War - Individual rights - War on Terror

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