"Toyosaburo Korematsu v. United States" Advocacy Brief Argumentative Essay

"Toyosaburo Korematsu v. United States" Advocacy Brief
A review and argument on the case "Toyosaburo Korematsu v. United States".
# 149273 | 1,155 words | 9 sources | MLA | 2011 | US
Published on Dec 04, 2011 in History (U.S. World Wars) , Law (General)


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Description:

The paper outlines the history and background of the case "Toyosaburo Korematsu v. United States," and offers a summary of the arguments in the case. The paper presents the argument that the Exclusionary Order and the internment that followed did not violate the appellant's right to equal opportunity for the descendants of all other Axis powers were held to the same determination and his rights were not encroached upon by the executive order. The paper concludes that the decision of the court is affirmed.

Outline:
Procedural History
Facts Statement
Summary of Argument
Argument
Conclusion

From the Paper:

"In Toyosaburo Korematsu v. United States, 323 U.S. 214 (1944), the appellant claims the Civilian Exclusion Order No. 34 violates the Equal Protection act of the Fourteenth Amendment. The declared powers of the Executive Branch in conjunction with Congress retains the right to enact orders necessary in times of war to protect its military, by attending to the threats leveled against it and also to make decisions in best interest of the nation. The Civilian Exclusion Act was an executive order meant to do such, with the intentions of protecting the military base in the West Coast. It led to the internment of Japanese Americans who resided in the West Coast, and were deemed to be potential conspirators and capable of espionage. In order to protect the needs of the nation by thus protecting its military, the potential hazard was attended to and thus removed.
"This action, as underlined in the Order was temporary and as long as the enemy nation was deemed as such, their descendants would be placed under a scrutiny not otherwise subject to them. The realms of unconstitutionality were considered in establishing the Order so if the foreign threat subsided, those on American soil were to be released from their camps. This was not the situation in Korematsu in which he simply evaded the internment order and refused to relocate when his rights had not been infringed upon."

Sample of Sources Used:

  • Kerr, Kathy. "Italian-Americans Imprisoned." suite101. 20 Sep. 2009. 25 Sep. 2011. <http://kathy-kerr.suite101.com/betrayed-by-america-a150800>
  • Urofsky, Melvin I. "Gordon Hirabayashi, Hirabayashi v. United States: Japanese American Internment." 100 Americans Making Constitutional History. Washington: CQ Press, 2004. 98-100. CQ Supreme Court Collection. Web. 26 Sept. 2011. <http://library.cqpress.com.ezproxy.brooklyn.cuny.edu:2048/scc/document.php?id=amcons2289676607753&type=query&num=Korematsu+v.+United+States&>
  • Mount, Steve. "The United States Constitution." usconstitution.net. Apr. 1997. 21 Sep. 2011.< http://www.usconstitution.net/const.html#Preamble>
  • Korematsu v. United States." Wikipedia. 4 Aug. 2011. 21 Sep. 2011. <http://en.wikipedia.org/wiki/Korematsu_v._United_States>
  • "to supplement and aid civil authorities in carrying out their duties of prosecution and punishment under ordinary law as expressed in existing legislation" <http://www.lexisnexis.com.ez-proxy.brooklyn.cuny.edu:2048/hottopics/lnacademic/>

Cite this Argumentative Essay:

APA Format

"Toyosaburo Korematsu v. United States" Advocacy Brief (2011, December 04) Retrieved August 10, 2022, from https://www.academon.com/argumentative-essay/toyosaburo-korematsu-v-united-states-advocacy-brief-149273/

MLA Format

""Toyosaburo Korematsu v. United States" Advocacy Brief" 04 December 2011. Web. 10 August. 2022. <https://www.academon.com/argumentative-essay/toyosaburo-korematsu-v-united-states-advocacy-brief-149273/>

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