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Supreme Court - Essay Example

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He complained that this violated his constitutional rights and hence refused to move as the order requested. This led to his…
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Supreme Court

Download file to see previous pages... The aim of this order which was named the Civilian exclusion order 34 of the US army was executed as a way to prevent these American-Japanese from committing espionage during the war time. Korematsu who is the plaintiff saw the execution of the order as being unconstitutional and being in violation of the Fifth Amendment. He therefore refused to move and was arrested and convicted. The case eventually reached the Supreme Court which ruled strongly in favor of the presidential executive order insisting that the rights of the plaintiff were minimal and hence of no significant compared to the Americans in general (Alonso 52).
The issue that was being resolved by the Supreme Court was on whether to affirm or duly dismiss the conviction order of Korematsu based on violation of his constitutional rights and Fifth Amendment which were being violated.
The decision of the court which was delivered by Justice Black and which had a 6-3 decision was the affirmation of the conviction order for Korematsu where it sided with the government about its national security and prevention of espionage.
The reasoning of the court was not based on the constitutionality of the presidential executive order, the racial segregation or even the loyalty of the petitioner to the United States. It rather looked at the bigger picture which in this case was the safety of the citizens of the United States from espionage and further attacks from the Japanese. The court supported the government on this ruling as the people in the United States who were the majority compared to those who were American-Japanese needed protection from war and the negatives effects that accompanied war.
The government had no certainty of the number of Japanese who were disloyal to the United States and loyal to the government of Japan and who could therefore aid their country in the war through trading secrets about the national defense. The military in charge of the exercise concluded ...Download file to see next pagesRead More
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