Japanese Internment and Korematsu V. United States
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March 28, 2014 President Barack
March 28, 2014 President Barack Obama The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear Mr. President: We write on behalf of the United States Commission on Civil Rights (hereafter “the Commission”) to request formal recognition and establishment by Congress of January 30th of every year henceforth as a permanent national holiday--National Fred Koremastu Day-- and that the President issue an Executive Order declaring January 30th the Fred Korematsu National Day of Service in recognition of Fred T. Korematsu’s contribution to upholding civil rights and liberties for all citizens in our country. Fred Korematsu is a civil rights champion who was thrust into our public consciousness in 1942, when at the age of 23 he refused to go to the United States’ internment camps established for Japanese Americans in the wake of the 1941 Pearl Harbor attacks.1 Executive Order 9066, issued by President Franklin D. Roosevelt, authorized the Secretary of War and all supporting federal agencies to detain and relocate Americans of Japanese ancestry to internment camps in the interest of national security.2 Mr. Korematsu was arrested and convicted of going against the government’s orders.3 He subsequently appealed, and his case went all the way to the Supreme Court which ruled against Mr. Korematsu.4 For the Commission, this is not merely a part of history, but is personal. Commissioner Michael Yaki’s father and his family were held in an internment camp during World War II. Mr. Korematsu’s case was overturned in 1983 after a pro-bono team of attorneys re- opened his case on the basis of government misconduct after discovering the government had hidden documents which consistently showed the federal government knew that Japanese Americans were not engaged in any acts of sabotage or any other act which could be construed as against the interests of the United States. -
Korematsu: Reflections on My Father’S Legacy
CARRYING ON KOREMATSU: REFLECTIONS ON MY FATHER’S LEGACY KAREN KOREMATSU† Five months before he passed away, my father, Fred Toyosaburo Korematsu, gave me a charge: continue his mission to educate the public and remind people of the dangers of history. At that time, I was running my commercial interior design firm. I was far from a public speaker, educator, and civil rights advocate. However, for the previous four years I had been traveling with my aging father as he spoke to audiences across the country. On numerous occasions, I heard him tell his story and witnessed how he shared his passion for promoting social justice and education. These reflections are a tribute to and a continuation of his efforts. I When I was a junior in high school, we studied World War II in my U.S. Government and History class. For one assignment, the teacher gave each of my classmates a different paperback book relating to the war. We were asked to read the book and deliver an oral report in front of the class. I don’t recall the name of the book that I was assigned. However, what I clearly remember is the book report my friend Maya—who is sansei, third- generation Japanese American like me—presented that day. Standing in front of the class, Maya announced the title of her book: Concentration Camps U.S.A. I wondered what that could be about, as I thought concentration camps only existed in Europe. To my surprise, she went on to describe a terrible time in history when, following the bombing of Pearl Harbor, the United States government forcibly removed 120,000 people of Japanese ancestry from their homes on the West Coast. -
2019 Ag Request Legislation Fred Korematsu & Gordon Hirabayashi
2019 AG REQUEST LEGISLATION FRED KOREMATSU & GORDON HIRABAYASHI DAY WHAT NEEDS TO CHANGE? Key Support: During WWII, Japanese-Americans and Japanese immigrants were TBD incarcerated under federal exclusion and incarceration orders. Fred Prime Sponsors: Korematsu and Gordon Hirabayashi refused to comply with orders Sen. Hasegawa: D they believed were unconstitutional. Both were arrested—Hirabayashi Rep. Santos: D in Washington, Korematsu in California. Their legal challenges were unsuccessful, and the U.S. Supreme Court upheld the incarceration Office Contacts: orders. In the 1980s, Korematsu’s and Hirabayashi’s convictions were Yasmin Trudeau overturned by federal courts. Korematsu and Hirabayashi should be Legislative Affairs Director celebrated for their courage to stand up to injustice. [email protected] Brittany Gregory WHY IS THIS CHANGE NECESSARY? Deputy Legislative Director A day of recognition would honor their legacies and the thousands of [email protected] incarcerated Issei, Nisei, and Sansei, civil rights defenders, and WWII 1: Andy Hobbs, “75 years ago, Japanese internment sparked veterans from Washington. It would honor Hirabayashi, a born-and- economic and cultural fears in raised Washingtonian and alumnus of the University of Washington. Puget Sound,” The News Tribune, This day of recognition will augment the state’s existing “Civil Liberties February 19, 2017. Day of Remembrance,” which is observed every February 19 and also commemorates the struggles against incarceration. K E Y As many as 14,000 Washingtonians of Japanese, Korean, and Taiwanese ancestry were imprisoned during the S T 60 Second World War; 60% were American citizens. A PERCENT T AROUND THE U.S.: Since 2010, a number of other states including California, Hawai’i, Virginia, Utah, Georgia, Illinois, Pennsylvania, South Carolina, Michigan and Florida, as well as numerous municipalities, have commemorated January 30 as “Fred Korematsu Day” in celebration of civil liberties and the Constitution, but no state has yet named a day for Gordon Hirabayashi. -
Japanese Internment Case Not “Good Law”
11/13/2020 Japanese Internment Case Not "Good Law" - Legal Aggregate - Stanford Law School Japanese Internment Case Not “Good Law” November 18, 2016 By David Alan Sklansky (https://law.stanford.edu/directory/david-alan-sklansky/) It is appalling to see the shameful confinement of Japanese-Americans in concentration camps during World War II bandied about (http://www.nytimes.com/2016/11/18/us/politics/japanese-internment-muslim-registry.html) as some kind of “precedent” for how the United States might respond to the threat of terrorism. And it is distressing to hear Korematsu v. United States (https://www.law.cornell.edu/supremecourt/text/323/214), the notorious decision upholding the internment policy, described at “good law,” or “technically still on the books.” That suggestion is sometimes made even by people who see the Korematsu decision, correctly, as a disgrace. Legitimating Korematsu is not as bad as legitimating the internment, but it is a mistake, and a dangerous one. Korematsu is not “good law”—“technically” or otherwise—and it is important to understand why. Professor David Sklansky Fred Korematsu, born and raised in Oakland, California, was the son of Japanese immigrants. In May 1942 the Army ordered (http://www.javadc.org/java/docs/1942-05- 03%3B%20WDC%20%20Civilian%20Exclusion%20Order%20No.34,pg4_dg%3Bay.pdf) “All Persons of Japanese Ancestry” in the San Francisco Bay Area to report to an “Assembly Center,” for “evacuation.” Korematsu was convicted later that year of failing to show up. The ACLU took Korematsu’s case to the Supreme Court, which upheld the conviction in a split decision (https://supreme.justia.com/cases/federal/us/323/214/). -
A Counterintelligence Reader, Volume 2 Chapter 1, CI in World
CI in World War II 113 CHAPTER 1 Counterintelligence In World War II Introduction President Franklin Roosevelts confidential directive, issued on 26 June 1939, established lines of responsibility for domestic counterintelligence, but failed to clearly define areas of accountability for overseas counterintelligence operations" The pressing need for a decision in this field grew more evident in the early months of 1940" This resulted in consultations between the President, FBI Director J" Edgar Hoover, Director of Army Intelligence Sherman Miles, Director of Naval Intelligence Rear Admiral W"S" Anderson, and Assistant Secretary of State Adolf A" Berle" Following these discussions, Berle issued a report, which expressed the Presidents wish that the FBI assume the responsibility for foreign intelligence matters in the Western Hemisphere, with the existing military and naval intelligence branches covering the rest of the world as the necessity arose" With this decision of authority, the three agencies worked out the details of an agreement, which, roughly, charged the Navy with the responsibility for intelligence coverage in the Pacific" The Army was entrusted with the coverage in Europe, Africa, and the Canal Zone" The FBI was given the responsibility for the Western Hemisphere, including Canada and Central and South America, except Panama" The meetings in this formative period led to a proposal for the organization within the FBI of a Special Intelligence Service (SIS) for overseas operations" Agreement was reached that the SIS would act -
Asian Law Caucus Marks 25 Anniversary of Historic Civil Rights Decision with Launch of Fred Korematsu Institute
FOR IMMEDIATE RELEASE Media Contact: Johanna Silva Waki or Tuesday, April 7, 2009 Stephanie Ong Stillman, Hope Road Consulting Phone: (415) 882-4673 Asian Law Caucus Marks 25 th Anniversary of Historic Civil Rights Decision with Launch of Fred Korematsu Institute SAN FRANCISCO – In honor of a man who became a civil rights icon for defying the mass internment of Japanese Americans during World War II, the Asian Law Caucus will officially launch the Fred T. Korematsu Institute for Civil Rights and Education (http://fredkorematsu.org) at the organization’s annual event on Thursday, April 30, in San Francisco. “The Institute will play a role in a new era of collaborative efforts to further secure the rights of all people of color,” said Karen Korematsu-Haigh, Korematsu’s daughter. “We want to develop and support a new generation of ambassadors of justice that embody my father’s courage and conviction.” “In the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls … Plessy, Brown, Parks. To that distinguished list, today we add the name of Fred Korematsu,” said President Bill Clinton in January 1998 in awarding Korematsu the Presidential Medal of Freedom. During World War II, Korematsu was a 22-year-old welder in Oakland, Calif., who defied military orders that ultimately led to the internment of 110,000 Japanese Americans, including Korematsu and his family who were removed from their homes, held first in the Tanforan Race Track Assembly Center in San Bruno, Calif., and then incarcerated in the Topaz internment camp in Utah. -
Background to Japanese American Relocation
CHAPTER 2 BACKGROUND TO JAPANESE AMERICAN RELOCATION Japanese Americans Prior to World War II The background to Japanese American relocation extends to the mid-19th century when individuals of Chinese descent first arrived in the Western U.S. to work as mine and railroad laborers (Appendix B). Discrimination against the Chinese arose soon after because of economic (i.e., unfair labor competition) and racial (i.e., claims of racial impurity and injury to western civilization) concerns. Because a significant portion of California’s population was Chinese (i.e., approximately 10% in 1870), California played a key role in this discrimination. In 1882, U.S. President Arthur signed into law the Chinese Exclusion Act that effectively ended Chinese immigration to the U.S. until 1943 when the U.S. was allied with China in World War II (Commission on Wartime Relocation and Internment of Civilians, 1997). Individuals of Japanese descent began to emigrate in significant numbers to North America’s West Coast in the late 19th century (Appendix B). They came primarily because of the “push” of harsh economic conditions in Japan and the “pull” of employment opportunities in the U.S., partially created by the loss of the Chinese labor force (Commission on Wartime Relocation and Internment of Civilians, 1997). Most of these first generation Japanese or Issei settled in California, Oregon, and Washington where they worked in the agriculture, timber, and fishing industries. In California alone, the number of Japanese immigrants increased from 1,147 in 1890 to 10,151 in 1900 (U.S. Census Office, 1895; 1901). The total Japanese American population in the U.S. -
How Trump V. Hawaii Reincarnated Korematsu and How They Can Be Overruled
Disarming Jackson’s (Re)Loaded Weapon: How Trump v. Hawaii Reincarnated Korematsu and How They Can Be Overruled Kaelyne Yumul Wietelman* Table of Contents Introduction .......................................................................................................44 I. History and Context for KOREMATSU V. UNITED STATES ......................46 A. Pearl Harbor and Executive Order 9066 ...........................................46 B. Korematsu’s Case and the Supreme Court ........................................48 C. Post–World War II Remedies ..............................................................49 II. The Travel Ban and its Parallels to KOREMATSU ...............................51 A. The History of the Ban ........................................................................51 B. The Parallels Between Korematsu and Trump v. Hawaii .................53 III. How The Court got KOREMATSU and TRUMP V. HAWAII Wrong ...........57 A. The Dissenting Opinions ....................................................................57 B. The Nonapplication of Strict Scrutiny in Korematsu .......................59 IV. Subsequent Cases that Eroded KOREMATSU and TRUMP V. HAWAII ...61 A. Hamdi v. Rumsfeld’s Destruction of Korematsu ..............................61 B. Hedges v. Obama .................................................................................64 C. Ziglar v. Abbasi and the Need for Legislation ..................................64 V. Recommendations for Legislation and Congressional Action ......66 A. Amending the Non-Detention -
Teaching Japanese American Incarceration Through Comics & Graphic Novels
TEACHING JAPANESE AMERICAN INCARCERATION THROUGH COMICS & GRAPHIC NOVELS Objective: Students will learn about the personal experiences of Japanese American incarcerees during World War II and will practice communicating information concisely by developing an original comic. Common Core State Standards: CCSS.ELA-LITERACY.CCRA.R.7 Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words. Description: According to the School Library Journal’s article Teaching with Graphic Novels, the advantages* of teaching with comics and graphic novels as supplemental texts includes: • supporting low readers and promoting memory through pairing of image and text • modeling concise verbiage for skilled readers • reinforcing left-to-right sequence • communicating ideas efficiently Martin Luther King, Jr. contributed to a comic book titled The Montgomery Story, a copy of which can be found in the museum’s archive (a related teacher guide can be found here http://americanhistory.si.edu/citizenship/pdf/School_MLK.pdf). That work inspired Congressman John Lewis to tell his own story of the civil rights movement through comics in the New York Times bestseller March. Some famous examples of graphic novels on civil-rights topics are Maus, Art Spiegelman’s series about his family’s experiences during the Holocaust, and Persepolis, Marjane Satrapi’s autobiographical series about her childhood in Iran. In addition, graphics and illustrations have a long tradition in Japanese art, including scroll paintings, anime, and manga (literally “random sketches” or doodles, but now used to refer to comic books or illustrated entertainment). See this video [http://pulverer.si.edu/node/184] from the Smithsonian’s museums of Asian art on the evolution of Japanese graphic art. -
The United States Military and the National Parks During World War II
“Far-Reaching Effects:” The United States Military and the National Parks during World War II Janet A. McDonnell When the United States entered World War II, the national park system included 164 units with a combined area of more than 21 million acres. The National Park Service (NPS) found itself with two major responsibilities: to protect and preserve that system for present and future generations and to support the war effort to the greatest extent possible. These two missions and responsibilities at times came into conflict, but, NPS officials claimed, a “fine spirit of cooperation” developed between NPS and the Navy and Army departments, which enabled them to avoid serious damage to irreplaceable park features.1 Throughout the war, the Park Service struggled to balance its commitment to preserving park natural and cultural resources with requirements to support the war effort. Recognizing the need to compromise, it issued permits to the Army, Navy, and other war agencies to use park lands and facilities and provided soldiers and sailors with sites for rest and relaxation as well as training and maneuvers. The relationship between the parks and the military went back to the establishment of Yellowstone National Park in 1872, well before NPS was created, but had grown closer since the 1930s when the historic military sites were transferred from the War Department to NPS. Indeed, some of the sites that the military would use during the war had been part of that original transfer. While the Park Service emphasized its patriotic contributions to the war effort, its response to military requests and requirements proved to be both patriotic and pragmatic. -
Ms. Venkataramanan's Essay
The Spirit of Our Constitution By Meena Venkataramanan The Gordon Hirabayashi Campground lies just an hour north of my home in Tucson, Arizona. A coveted spot among several local campers, very few are aware of the complex history behind its name. However, to those who recognize its significance, the campground represents the enduring legacy of the tragic mass internment of Japanese-Americans that occurred during the Second World War in the interest of wartime national security – and against the spirit of the U.S. Constitution. Decades later, the United States is faced with a similar situation. As the global threat of terrorism augments, especially with respect to the Islamic State and similar organizations in the Middle East, the federal government has been faced with an increasing pressure to implement measures to curb these perils. One such measure, issued just a week after President Donald Trump took office, was a travel ban by which citizens of seven predominantly Muslim nations were barred from traveling to the United States for ninety days. Although there is no explicit legal statute prohibiting discrimination based on religion with respect to travel, the Hart-Celler Act of 1965 prohibits racial discrimination in such situations, while the Equal Protection Clause and Free Exercise Clause of the Constitution both insinuate that individuals have the right to religious liberty (Hamilton). But perhaps the most decisive precedent in blocking the ban in its entirety was the decision in the 1993 case Church of Lukumi Babalu Aye v. City of Hialeah, which affirmed that legal actions that single out a religious group, even indirectly, are unconstitutional. -
121620 Resolution Fred Korematsu
RESOLUTION RECOGNIZING FRED KOREMATSU DAY SANTA CLARA COUNTY BOARD OF EDUCATION RESOLUTION No. 2273-1 WHEREAS, Saturday, January 30, 2021, is designated as Fred Korematsu Day of Civil Liberties and the Constitution. Fred Korematsu Day recognizes the extraordinary civil rights activist and advocate; and WHEREAS, Fred T. Korematsu was born in Oakland, California, on January 30, 1919, to Japanese immigrant parents. His refusal to enter Japanese internment camps during World War II, his subsequent arrest and conviction, and the issues raised by the U.S. Supreme Court Case, Korematsu v. United States, stand as civil rights advocacy landmarks; and WHEREAS, Fred T. Korematsu remained a civil rights activist throughout his life, and in 1998 he was awarded the nation’s highest civilian honor, the Presidential Medal of Freedom from President Bill Clinton. In 2011, the State of California passed the Fred Korematsu Day bill marking the first time in the United States that a day was named after an Asian American of Japanese ancestry; and WHEREAS, to echo the importance of civic duty, multiple cities within Santa Clara County support civic engagement and dispositions of civic learning and participation amongst youth. Cities such as San Jose provide students with the opportunity to partake in the Youth Commission, which is recognized as the official advisory group to the Mayor and City Council regarding the development of policies and recommendations affecting youth; and WHEREAS, social justice issues continue to be in the forefront of the country's