![]() He was convicted and sentenced to three months in prison. He challenged the indictment, stating that he was an American citizen, had no allegiance to the Empire of Japan, and that the President’s orders were an unconstitutional delegation of Congressional power. He was indicted for violating the curfew and a relocation order. The second order created the War Relocation Authority, whereby the military had the power to remove, maintain, and supervise persons excluded from the military areas.Īppellant Hirabayashi, a senior at the University of Washington, was of Japanese ancestry. One order gave the Secretary of War the authority to designate certain parts of the country “military areas” and the authority to exclude people from those areas. Accordingly, he issued two executive orders, which were enacted into law. United States Case Briefįollowing Japan’s attack on Pearl Harbor in 1941, President Roosevelt sought to prevent incidents of disloyalty and espionage from people of Japanese descent living in the United States. It held that Congress and the Executive can impose a racially discriminatory curfew and relocation order without violating the Constitution because it was a necessary emergency war measure. ![]() Supreme Court affirmed Hirabayashi’s conviction. Appellant Hirabayashi, an American citizen of Japanese descent, was convicted of violating the curfew and a relocation order.The orders, which were quickly enacted into law, were meant to protect the country from sabotage and espionage by citizens of Japanese ancestry, who were thought might be willing to help Japan’s war effort.The Petitioner, Korematsu (Petitioner), a United States citizen of Japanese descent, was convicted for failing to comply with the order. Following the attack on Pearl Harbor, President Roosevelt ordered that curfews and relocation be ordered for Japanese-Americans on the West Coast. During World War II, a military commander ordered all persons of Japanese descent to evacuate the West Coast.
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