Fred T. Korematsu DayJanuary 30, 20?

"As long as my record stands in federal court, any American citizen can be held in prison or concentration camps without trial or hearing. I would like to

see the government admit they were wrong and do something about it, so this will never happen again to any American citizen of any race, creed, or color."

—Fred Korematsu (1983), on his decision to again challenge his conviction 40 years later 

History of Fred Korematsu Day Of Civil Liberties and the Constitution (FKD)

• It is the first holiday named for an Asian-American.

• California’s legislature signed AB 1775, which designated Fred Korematsu Day on August 24, 2010.

• Governor Arnold Schwarzenegger signed into law on September 23, 2010.

• FKD will be celebrated every January 30 in California.

What is History of Fred Korematsu Day Of Civil Liberties and the Constitution (FKD)?

• It is a day to celebrate our Constitutional Rights which are stated in the US Constitution.

• The 5th and 14th Amendments protects are rights like due process, life, liberty and property.

• Also it reminds us that our civil liberties are protected but most importantly under the times of “real or perceived crisis.

Who is Fred Korematsu?

•He was born on January 30, 1919 in Oakland, California.•He tried to enlist in the US National Guard and US Coast Guard, but rejected for being “Enemy Alien.” •He was an American Citizen!•He challenged Executive Order 9066.

What was Executive Order 9066?•President Franklin D. Roosevelt signed Executive Order 9066 that authorized Japanese Americans to be placed in relocation camps.•The Japanese-Americans were “enemies of the state.”

How was Fred Korematsu affected by World War II?

•When World War II started, F. K. suffered discrimination at work, in restaurants and at stores for being Japanese.

What order did Fred Korematsu challenge?•He refused to comply with the Exclusion Order No. 34 and then Executive Order 9066.•He continued to live his life like an American citizen.•He was arrested on May 30, 1942.

Fred Korematus was arrested

• He was arrested and challenged his case.

• He lost his case, and he and his family were sent to Topaz, Utah, a relocation camp.

Supreme Court Case: Korematsu v. United States

• In a series appeals, KF’s case reached the Supreme Court, which is the highest court in United States.

• KF believed that his civil liberties were being violated.

• His Constitutional rights were not being protected.

• On December 18, 1944, The Supreme Court ruled by 6 to 3 to uphold the original ruling.

Overview of the 1944 Case

• “Korematsu took his case to the courts.  He said that Congress, the President, and the military authorities did not have the power to send people to internment camps.  He also said that the government was discriminating against him because of his race.”

Source:http://www.streetlaw.org_

Overview of the 1944 Case• “The government argued that the evacuation

of all Japanese Americans was necessary because there was evidence that some were working for the Japanese government.  The government said that because there was no way to tell the loyal from the disloyal, all Japanese Americans had to be treated as though they were disloyal”.

• “The federal appeals court agreed with the government.  Korematsu appealed this decision and the case came before the U.S. Supreme Court.”

Korematsu v. United States: Court’s Ruling

• Exclusion Order No. 34, which the petitioner knowingly and admittedly violated, was one of a number of military orders and proclamations, all of which were substantially based upon Executive Order No. 9066, 7 Fed. Reg. 1407. That order, issued after we were at war with Japan, declared that "the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities. . . ."

• Ruling from the case

Korematsu v. United States:Court’s Ruling

• ..He was excluded because we are at war with the Japanese Empire, because the properly constituted military authorities feared an invasion of our West Coast and felt constrained to take proper security measures, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily, and finally, because Congress, reposing its confidence in this time of war in our military leaders -- as inevitably it must -- determined that they should have the power to do just this…

Source: Supreme Court Ruling

New evidence is discovered in 1982.• An attorney and legal

historian, Peter Irons and his researcher, Aiko Yoshinaga discovered new evidence.

• They challenged that there was an error in the ruling because evidence was not properly presented.

Peter Irons

Korematsu case was overuled in 1983.• Korematsu lawyers were able to prove

that fraud was committed when the evidence was given in 1944.

• The court overturned the 1944 decision.

The Civil Liberties Act, 1988

• In 1988, The Civil Liberties Act was signed into law by President Ronald Reagan.

• It was a public apology for Japanese-American who were placed in the camps.

• They received compensation of $20,000.

Fred Korematus’ Legacy• He received the

highest award for public service Presidential Medal of Freedom in 1998.

• After 2011, he spoke on behalf of Muslims inmates who are being held in military prisons.

• He passed away on March 20, 2005.

Fred Korematsu Final Thoughts"As long as my record stands in federal

court, any American citizen can be held in prison or concentration camps without trial or hearing. I would like to see the government admit they were wrong and do something about it, so this will never happen again to any American citizen of any race, creed, or color." —Fred Korematsu (1983), on his decision to again challenge his conviction 40 years later