Korematsu v



Korematsu v. US: Questions on Excerpts from the Majority Opinion and Dissent

Instructions: After reading the Majority Opinion and Dissent on Korematsu v. US, answer the following questions in complete sentences. You may hand-write it or type your answers. Due at the start of class. Graded.

Majority Opinion:

1. How does the Court compare Korematsu’s challenge to the relocation order to Hirabayashi’s challenge to the curfew that was imposed on Japanese Americans?

2. The Court says that the military order is not based on racial prejudice but instead is based on legitimate military concerns. What are those military concerns?

3. Do you agree that racial prejudice does not play a role in the government’s treatment of Japanese Americans during World War II? Give reasons to support your answer.

Dissenting Opinion

1. Why does Justice Murphy believe that the Court should not defer to the military decisions in this case?

2. What rights does Justice Murphy claim are affected by the evacuation order?

3. Justice Murphy acknowledges that there are some disloyal persons in the United States. How does he believe the government should treat such disloyalty?

4. Justice Murphy accuses the American government of engaging in the same type of racism and discrimination as the United States’ World War II enemies. Research some of the discriminatory activities in which Germany, Italy, and Japan were engaged during World War II. Do you agree with Justice Murphy’s comparison? Explain your answer.

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