The U.S. argued Mr. Hirabayashi violated two different orders, the exclusion order and the curfew order. Count 1: To win its case for violation of the exclusion order, the government needed to show that Gordon Hirabayashi did not report to the U.S. Civil Control Station on May 11 or May 12, 1942.

What did Hirabayashi argue?

Mr. Hirabayashi’s lawyers argued that Congress unconstitutionally delegated its legislative power to the military by authorizing Lt. General DeWitt to issue the orders. His lawyers also asserted the due process clause of the Fifth Amendment prohibited the discrimination against citizens of Japanese descent.

What did Hirabayashi do?

Gordon Kiyoshi Hirabayashi (平林潔, Hirabayashi Kiyoshi, April 23, 1918 – January 2, 2012) was an American sociologist, best known for his principled resistance to the Japanese American internment during World War II, and the court case which bears his name, Hirabayashi v. United States.

How did the Supreme Court rule in Hirabayashi v United States?





Conclusion. The Court found the President’s orders and the implementation of the curfew to be constitutional.

What did the military order upheld in Hirabayashi v United States require?

9066. 7 Federal Register 1407. The Order recited that ‘the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat.

Was Hirabayashi overturned?

Federal courts also overturned the original convictions of Hirabayashi and Korematsu. And in June 2018, two Supreme Court justices criticized the decision and agreed that it no longer has the force of precedent as part of a ruling on the Trump administration’s “travel ban” proclamation in Trump v. Hawaii.

What was the issue involved in the case of Hirabayashi v United States quizlet?



Exclusion Order 34 which established internment camps where all citizens of Japanese ancestry, regardless of their citizenship status, would reside.

What did Grant Hirabayashi do during the war and where?

I was transferred to SCAP (Supreme Commander for the Allied Power) Legal Section, Tokyo, Japan in November, 1947 and served with the War Crimes Tribunal that was located in Yokohama. I served as an interpreter, translator, interrogator, court interpreter and court monitor.



Why was Japan not surrendering?

It was a war without mercy, and the US Office of War Information acknowledged as much in 1945. It noted that the unwillingness of Allied troops to take prisoners in the Pacific theatre had made it difficult for Japanese soldiers to surrender.

Who was the last Japanese soldier to surrender?

He held the rank of second lieutenant in the Imperial Japanese Army. One of the last remaining and most famous Japanese holdouts, Onoda was the second to last Japanese soldier to surrender, with Teruo Nakamura surrendering later in 1974.

What rights were violated in Korematsu v United States?

Justice Jackson called the exclusion order “the legalization of racism” that violated the Equal Protection Clause of the Fourteenth Amendment.

What did Korematsu violate?



A Japanese-American man living in San Leandro, Fred Korematsu, chose to stay at his residence rather than obey the order to relocate. Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment.

How did Korematsu violate 5th Amendment?

Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment of the Constitution because habeas corpus had not been suspended, and his right to libery was being infringed by military action without due process of law.

What did the U.S. argue against Korematsu?

Justice Jackson called the exclusion order “the legalization of racism” that violated the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the “abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy.

What two arguments did Korematsu?

Which two arguments did Fred Korematsu present against internment? He did not receive due process under the law. He was discriminated against for racial reasons.

What was Korematsu fighting for?



In 1998, Fred Korematsu was awarded the Presidential Medal of Freedom. His journey to that day started during World War II when he refused to be forced into a Japanese-American relocation center where families lived in horse stalls at an abandoned race track until they were sent to remote internment camps in the West.

What did Korematsu believe?

Who Was Fred Korematsu? Fred Korematsu believed that the United States’ decision to send Japanese Americans into internment camps during World War II was racial discrimination and a violation of the Constitution. His case challenging the orders that resulted in his incarceration failed at the Supreme Court in 1944.

What law did Korematsu break?

Korematsu argued that Executive Order 9066 was unconstitutional and that it violated the Fifth Amendment to the United States Constitution. The Fifth Amendment was selected over the Fourteenth Amendment due to the lack of federal protections in the Fourteenth Amendment. He was arrested and convicted.

What amendment did Korematsu violate?

the Fifth Amendment of the Constitution

Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment of the Constitution because habeas corpus had not been suspended, and his right to libery was being infringed by military action without due process of law.