INTERNMENT OF JAPANESE AMERICANS

Map of Camps ( )

Attack at Pearl Harbor, Hawaii December 7, 1941  During time roughly 120,000 Japanese Americans living in U.S.  Americans feared Japanese would attack  False rumor- committing sabotage  Fear + uncertainty caused a wave of prejudice

Reaction in Hawaii  Early 1942 War Department called for the mass evacuation.  Hawaii- not interned because government had already declared martial law  Economy dependent on Japanese Americans

What is an Executive Order?  Help officers and agencies of executive branch to manage the operations of government.  Have the full force of law  Although no constitutional provisions give the President the explicit power to pass and executive order: Article II Section I Clause I- vague grant of “Executive power” Article II Section 3 Clause 5- further declaration “Take care that the laws be faithfully executed”

Executive Order 9066  FDR signed February 19, 1942  Signed order authorizing the creation of military areas in which military authorities had the power to remove or exclude whomever they wished.  Military official first imposed a curfew on “all persons of Japanese ancestry” including those born in the U.S. and those who had become citizens  Later military commanders ordered the removal of people of Japanese ancestry from California, parts of Washington, Oregon and Arizona Order was justified as necessary for national security

Fred Korematsu  Born in California and worker at a defense-plant  He had tried to join the army in his 20’s but could not pass physical  Arrested for staying in San Leandro, California instead of going to the relocation center  Convicted in federal district court for violating “Civilian Exclusion Order”  Conviction carried maximum fine $5000  One year in prison

Korematsu V. U.S. (1944)  Issue: Are Executive Order 9066 and the act of Congress enforcing it constitutional uses of the war powers of President and Congress?  War Powers Clause (Rights of Congress and Pres.)  Congress (Article 1 Section 8) Congress has exclusive right to declare war and appropriate $ to the support of the war effort  President (Article 2 Section 3) President is authorized to use the Armed forces of the U.S. as he determines to be necessary and appropriate to defend national security

Ruling in Korematsu  6-3 vote to uphold the decision of lower court  Justification:  In the interest of national security, the Court said, military authorities could do what they thought was necessary in sensitive areas; Congress had the right to give this power  Majority opinion pointed out it was not ruling on issue of civil rights on Congress/President wars powers

Internment Ended:  President Harry Truman lifted order 1946  Freed internees were given $25 and a train ticket to former homes  No specific charges ever filed or evidence found of treason or sabotage  About 112,00 Japanese Americans interned  Families forced to sell their homes, businesses and all of their belongings