|
Civil Rights
Perspective
In 1942 during World War II, a young man by the name of Fred Korematsu was arrested
near San Francisco, California and taken into custody by the military police. An American
citizen, Korematsu was charged with violating the evacuation order of military commander
General DeWitt, authorized under an executive order signed by President Franklin D.
Roosevelt in February of 1942.
Korematsu was convicted in federal court and subsequently sent to an internment camp in
Utah. He appealed to the U.S. Court of Appeals, which upheld the lower court conviction.
Korematsu then appealed to the U.S. Supreme Court, which decided his and two related cases
[Hirabayashi v. U.S., 1943; Ex parte Endo, 1944] that, together, have become
known as the Japanese American cases. By a 6-3 vote, the Court upheld the
governments evacuation order in Korematsu v. U.S., 323 U.S. 214 (1944).
Writing for the majority, Justice Hugo Black stated:
In light of the principles we announced in the Hirabayashi case, we are unable
to conclude that it was beyond the war power of Congress and the Executive to exclude
those of Japanese ancestry from the West coast war area
. Korematsu was not
excluded from the Military Area because of hostility to him or his race. He was excluded
because we are at war with the Japanese Empire
During the 1980s, legal historian Peter Ironsas a result of his research on the
wartime internment casescollaborated with a team of mostly Japanese American lawyers
to obtain, in federal district court, a reversal of Korematsus conviction (as well
as of two other Japanese Americans convicted in the related cases). In 1998, President
Clinton awarded Fred Korematsu the National Medal of Freedom.
Eric Fourniers film documents the story of Fred Korematsu, an 'ordinary' man who
demonstrated extraordinary courage and resilience. The film moves from the wartime setting
to his arrest, legal representation by the ACLU of Northern California, the renewed legal
challenges in the 1980s, and to his recent speeches about the case and his experiences.
The film highlights an effective mix of the oral recollections of Korematsu and family
members, footage of life in the internment camps, commentary by Peter Irons about the
constitutional significance of the case and the legal strategies employed, an interview
with the federal district court judge who reversed his conviction in 1983, the
observations of Japanese American scholars about the case and the internment, and the
White House ceremony at which Korematsu received the Medal.
This film can be used in courses on constitutional law and constitutional history,
legal history, civil rights, law and politics, law and race, and related subjects. A set
of discussion questions and a bibliography of print and web resources are included in this
Guide to facilitate the introduction and use of the film.
Home | Perspective | Discussion Questions
Web Resources | Books | Purchase the Film
|