Korematsu+v+US


 * __Korematsu vs. The United States__** December 18, 1944

A Case Involving: __Individual Rights during Crisis__


 * //Background://** During World War II, Presidential Executive Order 9066 was signed, re-locating many Japanese citizens from places deemed important to national security out of fear of espionage.


 * //Main Issue Presented to the Court//**: Did the President and Congress go beyond their war powers in the issuing of Presidential Executive Order 9066?

__Cases before Court:__


 * Korematsu: Presented the case that the individual rights of the Japanese people are being infringed upon. The U.S. overstepped its war powers in issuing this order.


 * U.S.: The need to for protection of national security is greater than the need to preserve individual rights.

Reasoning: The rights to protect the country outweigh the rights of the individual during wartime. This action is justified in cases of “peril and emergency”
 * Majority Decision **(Six Supreme Court Justices) : In favor of the U.S.

Reasoning: This is a clear violation of the Constitution. This action is completely unprecedented.
 * Dissenting Opinion ** (3 Supreme Court Justices): In favor of Korematsu

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