是松诉美国政府案casebrief.docVIP

This case’s name is Toyosaburo Korematsu v. United States. The two parties are Toyosaburo Korematsu and United States. It is a constitutional case. The case was decided by US Supreme Court on Dce. 18,1944. The citation is 323 U.S. 214(1944). The petitioner was convicted in a federal district court. Then the Circuit Court of Appeals affirmed, then the U.S. Supreme Court affirmed. It is an appellate court decision. This case was decided during the World War 2. The legal issue is whether it is OK to exclude the Japanese in time of war. I think it’s OK. The rule is that it is legal to exclude the minority in the time of war. Mr. Justice Black delivered the opinion of the court. He thought that the exclusion from a threatened area has a close relationship to the prevention of espionage and sabotage, and there were disloyal members of the population, whose number could not be precise ascertained. Mr. Justice Murphy is dissenting. He thought that all residents are a part of the new and distinct civilization of the United States, so they must be treated at all times as the heirs of the American experiment and as entitled to all the rights and freedoms guaranteed by the constitution. Mr. Justice Jackson is also dissenting. He thought that a civil court cannot be made to enforce an order which violates constitutional limitations even if it is a reasonable exercise of military authority. I agree with Justice Blacks opinion, I believe that freedom of the minority should be able to make some sacrifice of national sovereignty in time of war, and, of course, not to make such acts because of racial discrimination.