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Written Assignment # 6 One of the main principles in the United States of America is the protection of all citizens Constitutional rights. It is unlawful to discriminate on the basis of race, gender, age, etc. in the USA. The history, however, has shown several examples of how the well-being of an entire country can overweight the rights of a single individual or a group of individuals. Cases of Hirabayashi vs.
United States and Korematsu vs. United States are good illustrations to that. In both cases, the Supreme Court has ruled that the United States national security at the times of WWII was more valuable and important to the safely of the entire American nation than the restrictions placed on the Americans of the Japanese descent. It was argued in both cases, that Congress and the military commander exercised an unconstitutional decision of establishing certain restrictions for a specific group and that those decisions violated the Fifth Amendment to the US Constitution.
In the first case, Hirabayashi, an American citizen of Japanese descent, who lived in a military area, was convicted in the district court of knowingly disregarding restrictions made applicable by a military commander and authorized by an Executive Order of the President. The restriction stated that all persons of Japanese ancestry living in such areas be within their place of residence daily between the hours of 8: 00 p. m. and 6: 00 a. m.
The logic behind this decision was that the persons of the Japanese origin who migrated to the United States at the end of the 19 th century have not fully assimilated socially, economically and politically as an integral part of the white American population, staying a separate group in all respects. They constituted a danger of espionage for Japan, which was at was with the US at the time. This is why it was decided to limit their movement after the certain hours. In the second case, the Supreme Court sided with the Government on the constitutionality of Executive Order 9066, which required Japanese-Americans in the western United States to be excluded from a described West Coast military area.
Judge Hugo Black, speaking on behalf of the majority, wrote that this case was not any different than the case of Hirabayashi vs. United States and the decision had nothing to do with any racial prejudice. The judge decided that in the light of Pearl Harbor events, it was crucial to protect the national security and exclude any possibly of West Coast invasion by the Japanese Empire. The Fifth Amendment contains no equal protection clause and it controls only such discriminatory legislation by Congress as amounts to a rejection of due process. Distinctions between citizens exclusively because of their origin are by their very nature repulsive to a free people whose institutions are based upon the doctrine of equality.
For that reason, any classifications based on race alone have often been considered as a denial of equal protection of rights. The Supreme Court also acknowledged that Congress and the Executive did violate American Japanese rights and did place those citizens in a different category from others. The Court recognized the curfew rule as well as the temporarily exclusion from the shore areas as being unconstitutional and breaking the Fifth Amendment. However, it was agreed that it was in the best interests of national safety to take those measures. I personally agree with both decisions of the Supreme Court. Even though, during the peaceful times those rulings would be unacceptable, but in 1943 and 1944 they did protect the interests of the entire county.
Even though personal rights and freedoms are the most valuable principles of our country, there are certain times when they can be neglected and over weighed by other circumstances. After all, following the interests of majority of people is what we call democracy. References: web retrieved on Nov. 14, 2008 web retrieved on Nov. 14, 2008
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Research essay sample on Fifth Amendment Japanese Descent
