Korematsu Vs. USpreme Court Case Study

When trying to support my argument about legal doctrines being shaped by race during this time period the case of Korematsu v. United States has to be talked about. At the beginning of WWII President Roosevelt issued Executive Order 9066, giving the U.S. military the right to ban thousands of Japanese-American citizens from areas thought of as critical to homeland security. Thus, setting up ‘interment camps’ to hold the Japanese for the duration of the war. Mr. Korematsu did not follow suit and decided to stay home in the state of California. The upholding of Korematsu’s conviction by the Supreme Court showed not only how threatened the country felt about Japanese immigrants but also put into question how equal everyone truly was in America.

Moreover, the fact that this case was not over turned even though it was recognized as a gross mistake is interesting in itself. Forty years after the fact in the case of Korematsu v. United States, 584 F.supp. 1406 (N.D. Cal. 1984), Korematsu’s writ of coram nobis was granted. A writ of coram nobis allows a court to correct the error of fact in an original judgment. This eradicated Korematsu’s previous conviction.

An example of a Supreme Court overturning, would be Plessy vs Ferguson. States from the south had laws that had a disadvantage for black people. Plessy who is a light colored black, decided to sit on the white section of the train, and declared his ancestry a couple of minutes after. People demanded him to move, but he refused. He was arrested for not moving.

The impact of this major historical event changed schools all over the world by assisting the desegregation of public schools to take a huge step forward in the South. Although, there have been issues with gentrification, which is the arrival of wealthier individuals migrating into an urban district, causing the rents and property values to increase and changes in the character and culture of the district. These drastic changes can sometimes verse desegregation back to segregation because many of these urban areas are populated with African Americans who are in poverty and the wealthy who are majority Caucasian. This migration will begin to take over forcing the African Americans to move out due to the increase of rent.

One case in particular, McCleskey v. Kemp, was decided in The Supreme Court. Mccleskey v. Kemp was wrongly decided by the Georgia courts and then also by The Supreme Court, in which they decided that it did not violate the Eighth and Fourteenth Amendments of the Constitution. McCleskey v. Kemp was one of the few cases to reach the high level of impact that this

In Shelley v. Kraemer. These intense court cases supported the civil rights movement by inspiring people to stand up for their rights. First is Brown v. Board of education which a court case in which colored people were fighting to have equality in schools and have equal educational programs. Black and white kids were separated too much and were not treated equally in schools by teachers, students, parents, any of their peers. Equality is a natural right that every person deserves no matter the color of their skin.

For nearly a century, the United States was occupied by the racial segregation of black and white people. The constitutionality of this “separation of humans into racial or other ethnic groups in daily life” had not been decided until a deliberate provocation to the law was made. The goal of this test was to have a mulatto, someone of mixed blood, defy the segregated train car law and raise a dispute on the fairness of being categorized as colored or not. This test went down in history as Plessy v. Ferguson, a planned challenge to the law during a period ruled by Jim Crow laws and the idea of “separate but equal” without equality for African Americans. This challenge forced the Supreme Court to rule on the constitutionality of segregation, and in result of the case, caused the nation to have split opinions of support and

Arguably the most significant civil rights activist in American history, led the boycott to victory. Consequently, the U.S. Supreme Court declared racial segregation for public transportation as unconstitutional. Here by, "***INSERT LAW -QUOTED**** BROWDER VS GALE 1956

Brown v. Board of Education The Brown v. Board of Education Supreme Court case was a very important case for Americans. This case was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The U.S. Supreme Court's decision in this court case changed majorly the history of race relations in the United States. On May 17, 1954, the Court got rid of constitutional sanctions for segregation by race, and made equal all education opportunities as the law of the land.

Since the late 1950s, when the case for African American rights to receive the same education as their graduates began and ended, or so we thought. Schools today still remain widely segregated throughout the U.S. nation. In 1954 in Topeka, Kansas, the supreme court began to review many cases dealing with segregation in public education. Oliver Brown was one who went against the supreme court for not only his daughter, but for many other African American children to receive equal education in the ray of society. The Brown v. Board of Education case marked the end of racial discrimination in public schools which impacted African Americans to get an equal education in the American society.

Supreme Court decided that Brown vs. Board of Education would win the case because the racial segregation in public schools was unconstitutional and, according to the fourteenth amendment, violated the Equal Protection Clause. This decision to desegregate schools in 1954 really impacted the country as whole. Reactions from this case were very powerful; some states shut down schools and many protests arose in an attempt to rebel against the decision. Even though the actual desegregation of public schools did not happen immediately, I believe this decision was just and really led the country in the right direction. This Supreme Court landmark judgement truly made progress towards an equal society and ultimately changed the countries social and national policies.

The two Supreme Court cases Korematsu v. United States 1944 and Schenck v. United States 1919 are similar in how they deal with people who stood up for their rights and dealt with Constitutional Amendments but differ in their time periods and the amendments they deal with. Both of the cases took place during times of war, Schenck during World War I and Korematsu during World War II. Charles Schenck did not believe in the Conscription Act so he urged people to protest it through words and papers and when he was brought to court the main case issue was if his actions were protected by the First Amendment. Much like Schenck, Fred Korematsu did not agree with the Japanese Exclusion Act and refused to be removed from his home. When he was brought

In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.

The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority

Brown vs. Board of Education (1954) declared that separate public schools for African American and White children is unconstitutional. This ruling paved the way for desegregation and was a major victory for the civil rights movement. In regards to providing an equal education I believe this ruling did help to level the playing field. All students would now be receiving equal education and facilities giving them equal opportunity. I do know that it didn 't exactly go down peacefully and many African Americans still did not receive fair treatment for many many years but it was a stepping stone to move education in the right direction.