Jackson acknowledged the racial issues at hand, writing: Korematsu was born on our soil, of parents born in Japan. Subjects > Law & Government > United States Government. Such exclusion goes over "the very brink of constitutional power" and falls into the ugly abyss of racism.". To learn more about Pearl Harbor, World War II and Executive Order here: Jacksons dissent is particularly critical: Korematsu was born on our soil, of parents born in Japan. Zip. Left and right differ on the decisions, but each side has its 'worst' list", "Trump v. Hawaii and Chief Justice Roberts's "Korematsu Overruled" Parlor Trick | ACS", "Facially neutral, racially biased by Wen Fa & John Yoo", "A Brief History of Japanese American Relocation During World War II", "Wartime Power of the Military over Citizen Civilians within the Country", On the Evolution of the Canonical DISSENT, "Korematsu, Notorious Supreme Court Ruling on Japanese Internment, Is Finally Tossed Out", "U.S. official cites misconduct in Japanese American internment cases", "Court Reverses Korematsu Conviction - Korematsu v. U.S., 584 F.Supp. He was convicted in a federal district court of having violated a military order and received a sentence of five years probation. Korematsu v. United States (1944) SEARCH FOR STATE STANDARDS >> Lesson Plan This mini-lesson covers the basics of the Supreme Court's decision that determined the government acted constitutionally when it detained people of Japanese ancestry inside internment camps during World War II. The federal Appeals Court agreed with the government. Korematsu v. United States was one of the key cases of the Supreme Court of the United States, where compliance with the Executive Order 9066 was considered, according to which Japanese-Americans were obliged to relocate to internment camps during the Second World War, regardless of their citizenship. Landmark Supreme Court case concerning the incarceration of Japanese Americans during World War II. 2023 Street Law, Inc., All Rights Reserved. Fahy. Fred Korematsu refused to obey the wartime order to leave his home and report to a relocation camp for Japanese Americans. A few days later, the first wave of evacuees arrived at Manzanar War Relocation Center, a collection of tar-paper barracks in the California desert, and most spent the next three years there. Learn more about the different ways you can partner with the Bill of Rights Institute. Korematsu v. United States upheld the conviction of Frank Korematsu for defying an order to be interned with other Japanese-Americans during World War II. EOC STAAR Review Game: Bingo Court Cases, Amendments And More - Amped ampeduplearning.com. A "yes" or "no" answer to the question framed in the issue section; It is unattractive in any setting, but it is utterly revolting among a free people who have embraced the principles set forth in the Constitution of the United States. Meanwhile, Fred Korematsu was a 23-year-old Japanese-American man who decided to stay at his residence in San Leandro, California, instead of obeying the order to relocate; however, he knowingly violated Civilian Exclusion Order No. It is known as the shameful mistake when the Court upheld the forcible detention of Japanese-Americans in concentration camps during World War II. ". 0. Of the NREM sleep stages, stage \underline{\hspace{1cm}} is the longest for people in their early 20s. "On the contrary, it is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States.". "[14] Murphy argued that collective punishment for Japanese Americans was an unconstitutional response to any disloyalty that might have been found in a minority of their cohort. An Introduction To Constitutional Law Korematsu V. United States conlaw.us. He was arrested and convicted. In Korematsu v. United States, decided in 1944, the Supreme Court, in a 6-3 decision, upheld the president's action. How has the government failed to do so, in the case of the relocation? Fred Korematsu, an American citizen of Japanese descent, was arrested and convicted of violating the executive order. In May 1942, he was arrested for failing to comply with the order for Japanese Americans to report to internment camps. . Study with Quizlet and memorize flashcards containing terms like FDR's Four Freedoms include all of the following EXCEPT: a) freedom from want. Katyal noted that Justice Department attorneys had actually alerted Fahy that failing to disclose the Ringle Report's existence in the briefs or argument in the Supreme Court "might approximate the suppression of evidence". The Supreme Court, on certiorari, affirmed the Ninth Circuit Court of Appeals. Korematsu v. United States Answer Key; 1310 North Courthouse Rd. 3 ^3 3 cubed With the help of the American Civil Liberties Union, Korematsu sued on the grounds that as an American citizen he had a right to live where he pleased. 17.7 & 113.3 & 32.5 & 14.0 & 91.6 & 127.4 & & & & When the Japanese internment began in California, Korematsu moved to another town. [14], In his diaries, Justice Felix Frankfurter reported that Justice Black told the justices as reason for deferring to the executive branch: "Somebody must run this war. . In his dissent from the Supreme Court's majority, how does Justice Roberts explain the conviction of Mr. Korematsu? Omissions? Share their answers on the board until a working definition of each are completed. What is the difference between a lag indicator and a lead indicator? In 2018, in the case of Trump v, Hawaii, the Supreme Court expressly overruled Korematsu v. United States. The report, however, contained information executive officials knew to be false at the time.And still more years passed before this Court formally repudiated its decision. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. That case concerned the legality of the West Coast curfew order. On March 18 Roosevelt signed another executive order, creating the War Relocation Authority, a civilian agency tasked with speeding the process of relocating Japanese Americans. "No adequate reason is given for the failure to treat these Japanese Americans on an individual basis by holding investigations and hearings to separate the loyal from the disloyal, as was done in the case of persons of German and Italian ancestry. In the supreme court's decision in korematsu v. united states, the court said that korematsu. Strangely, however, the Court upheld a travel ban essentially based on ancestry in Trump v. Hawaii. Further, saying that the Constitution does not forbid an action taken during wartime does not mean that the Court approves of what Congress or the President did. LandmarkCases.org got a makeover! According to Justice Jackson in his dissent, what is the long-term consequence of the Supreme Court's upholding of the violation of due process in this case? This resource is restricted to educators with an active account, we encourage you to sign in or sign up for access. Espionage. Explore our upcoming webinars, events and programs. When the Supreme Court made its Korematsu decision, the justices also decided another case that resulted in finally closing down the prison camps. [38] Legal scholar Richard Primus applied the term "Anti-Canon" to cases which are "universally assailed as wrong, immoral, and unconstitutional"[37] and have become exemplars of faulty legal reasoning. The Court ruled in a 6 to 3 decision that the federal government had the power to arrest and intern Fred Toyosaburo Korematsu under Presidential Executive Order 9066 on February 19, 1942, issued by President Franklin D. Roosevelt. He was excluded because we are at war with the Japanese Empire". United States. Korematsu v. United States Full-text of case from LexisNexis. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. "[27], On February 3, 2014, Justice Antonin Scalia, during a discussion with law students at the University of Hawaii at Manoa William S. Richardson School of Law, said that "the Supreme Court's Korematsu decision upholding the internment of Japanese Americans was wrong, but it could happen again in war time. Korematsu v. United States, 323 U.S. 214 (1944), was a landmark decision by the Supreme Court of the United States to uphold the exclusion of Japanese Americans from the West Coast Military Area during World War II. After more than 73 years, the US Supreme Court finally overruled Korematsu v. US, the infamous 1944 decision upholding the internment of Japanese-Americans during World . This ruling placed the security of the . Korematsu v. United States (1944) How does Justice Black explain why it was necessary to relocate Japanese-Americans during the war? In challenging the constitutionality of Executive Order 9066, Fred Korematsu argued that his rights and those of other Americans of Japanese descent had been violated. United States (judicial restraint) The decision in Korematsu held that in times of war, American citizens must make sacrifices and adjust to wartime security measures. Investigate how demand elastiticities are affected by increases in demand. After the attack on Pearl Harbor on December 7, 1941, President Franklin Roosevelt issued Executive Order 9066. His journey to that day started during World War II when he refused to be forced into a Japanese-American relocation center where families lived in horse stalls at an abandoned race track until they were sent to remote internment camps in the West. It is provided as a view-only Google Sheet. The curfew order was made pursuant to President Roosevelts Executive Order. Korematsu appealed to the U.S. Supreme Court. The U.S. Supreme Court upheld this travesty in Korematsu v. United States (1944). Answers: 2 Show answers . "Citizenship has its responsibilities as well as its privileges, and in time of war the burden is always heavier. d. Around what value, if any, is the amount of caffeine in energy drinks concentrated? The Court of Appeals for the Ninth Circuit eventually affirmed his conviction,[13] and the Supreme Court granted certiorari. 1944; 3 years after Pearl Harbor. No claim is made that he is not loyal to this country. Korematsu did not believe his arrest was fair. Korematsu v. United States (1946) Library of Congress. BRIs Comprehensive US History digital textbook, BRIs primary-source civics and government resource, BRIs character education narrative-based resource. Ansel Adams: photo of Manzanar War Relocation Center. [12] Korematsu argued that Executive Order 9066 was unconstitutional and that it violated the Fifth Amendment to the United States Constitution. Black wrote that "Korematsu was not excluded from the Military Area because of hostility to him or his race", but rather "because the properly constituted military authorities decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast" during the war against Japan. Justice Black, speaking for the majority 193, racial discrimination of this nature bears no reasonable relation to military necessity and is utterly foreign to the ideals and traditions of the American people. Justice Black further denied that the case had anything to do with racial prejudice: Korematsu was not excluded from the Military Area because of hostility to him or his race. Study now. The government argued that the evacuation was necessary to protect national security. The Ninth Circuit Court of Appeals affirmed the conviction, giving deference to the executive branch in times of war. He had previously served as United States Solicitor General and United States Attorney General, and is the only person to have held all three of those offices. "Hw"w P^O;aY`GkxmPY[g Gino/"f3\TI SWY ig@X6_]7~ In 1942, President Franklin D. Roosevelt signed an executive order forcing many people of Japanese descent living on the West Coast to leave their homes and businesses and live in internment camps for the duration of the war. (5) $6.50. Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. student versions of the activities in .PDF and Word formats, how to differentiate and adapt the materials, Complete all activities for the first day (excluding the homework). 2. Some believe that the Court, by doing so, traded one shameful mistake for another. 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 leadersas inevitably it mustdetermined that they should have the power to do just this. Are they larger or smaller than the elasticities you calculated in problem 111 for the original points? Discussing the Korematsu decision in their 1982 report entitled Personal Justice Denied, this Congressional Commission on Wartime Relocation and Internment of Civilians (CCWRIC) concluded that "each part of the decision, questions of both factual review and legal principles, has been discredited or abandoned," and that, "Today the decision in Korematsu lies overruled in the court of history. He challenged his conviction in the courts saying that Congress, the president, and the military authorities did not have the power to issue the relocation orders, and that he was being discriminated against based on his race. Why were Japanese Americans interned during WWII? Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. It did not appear in Loving v. Virginia, 388 U.S. 1 (1967),[17] even though that case did talk about racial discrimination and interracial marriages. No claim is made that he is not loyal to this country. But I would not lead people to rely on this Court for a review that seems to me wholly delusive. [34][35][36] Constitutional lawyer Bruce Fein argued that the Civil Liberties Act of 1988 granting reparations to the Japanese Americans who were interned amounts to Korematsu having been overturned by history[2]outside of a potential formal Supreme Court overrule. He challenged his conviction in the courts saying that Congress, the president, and the military authorities did not have the power to issue the relocation orders, and that he was being discriminated against based on his race. Do all of the activities recommended for days one, two, and three. Katyal therefore announced his office's filing of a formal "admission of error". Get Korematsu v. United States, 323 U.S. 214 (1944), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. The decision of the case, written by Justice Hugo Black, found the case largely indistinguishable from the previous year's Hirabayashi v. United States decision, and rested largely on the same principle: deference to Congress and the military authorities, particularly in light of the uncertainty following Pearl Harbor. "[29], Donald Trump's Presidential election led Kansas Secretary of State Kris Kobach to advocate for Trump to implement immigration controls like the National Security Entry-Exit Registration System. The Supreme Court agreed to hear his appeal, and oral arguments were held on October 11, 1944. 1406, 16 Fed. The implication is that decisions which are wrong when decided should not be followed even before the Court reverses itself, and Korematsu has probably the greatest claim to being wrong when decided of any case which still stood. Dissenting justices Frank Murphy, Robert H. Jackson, and Owen J. Roberts all criticized the exclusion as racially discriminatory; Murphy wrote that the exclusion of Japanese "falls into the ugly abyss of racism" and resembled "the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy.". The Japanese on the west were under surveillance but most were not likely to create an uprising. Fred Korematsu, an American citizen of Japanese descent, was arrested and convicted of violating the executive order. In 2018, in the case of Trump v, Hawaii, the Supreme Court expressly overruled Korematsu v. United States . "Citizenship has its responsibilities as well as its privileges, and in time of war the burden is always heavier. hb```~V eah`he j 3 He and his family were subsequently relocated to Topaz Internment Camp in Utah. In excommunicating them without benefit of hearings, this order also deprives them of all their constitutional rights to procedural due process. Published June 26, 2018. [10] On March 24, 1942, Western Defense Command began issuing Civilian Exclusion orders, commanding that "all persons of Japanese ancestry, including aliens and non-aliens" report to designated assembly points. Later, he worked in a shipyard. Case Summary of Korematsu v. United States: In 1941, Japan attacked Pearl Harbor during the Second World War. The President did so in part by relying on a military report that insisted immediate action was imperative to national security. 34 of the U.S. Army, even undergoing plastic surgery in an attempt to conceal his identity. Explain your answer. The effect of Korematsu v. United States was that internment camps were affirmed as legal. . /x#,/d}?eh7)mg;kk4Df2/wBmw4A^#FkPHxAt~9'ozWnMtVWkJlNWz^>\ PK ! For example, point a in Figure 4.24.24.2a would shift rightward from location (101010 units, $2\$2$2) to (202020 units, $2\$2$2), while point b would shift rightward from location (404040 units, $1\$1$1) to (505050 units, $1\$1$1). This library of mini-lessons targets a variety of landmark cases from the United States Supreme Court. What basic flaw does he identify in this report? If the people ever let command of the war power fall into irresponsible and unscrupulous hands, the courts wield no power equal to its restraint. b) freedom of speech. But hardships are part of war, and war is an aggregation of hardships. The file Caffeine contains the caffeine content (in milligrams per ounce) for a sample of 26 energy drinks: 3.21.54.68.97.19.09.431.210.010.19.911.511.811.713.814.016.174.510.826.317.7113.332.514.091.6127.4\begin{array}{rrrrrrrrrr} By March 21, Congress had enacted the proposed legislation, which Roosevelt signed into law. Korematsu v. United States stands as one of the lowest points in Supreme Court history. In its ruling, the Court upheld Korematsus conviction. He recognized that the defendant was being punished based solely upon his ancestry: This is not a case of keeping people off the streets at night, as was Hirabayashi v. United States, 320 U.S. 81, [p. 226] nor a case of temporary exclusion of a citizen from an area for his own safety or that of the community, nor a case of offering him an opportunity to go temporarily out of an area where his presence might cause danger to himself or to his fellows. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. In Trump v. Hawaii (2018), the Supreme Court explicitly repudiated and effectively overturned the Korematsu decision, characterizing it as gravely wrong the day it was decided and overruled in the court of history.. Franklin D. Roosevelt issued Executive Order 9066, which enabled his secretary of war and military commanders to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded. Although the order mentioned no group in particular, it subsequently was applied to most of the Japanese American population on the West Coast. ', Roberts also added: "The forcible relocation of U.S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. [14], Of course the existence of a military power resting on force, so vagrant, so centralized, so necessarily heedless of the individual, is an inherent threat to liberty. In Korematsu v. US the Supreme Court upheld which policy toward Japanese Americans? This would also be beneficial for people who may not be able to make it to the polls . History, 21.06.2019 20:00. Because something could be seen as lawless during peace time does not mean it is lawless when the country is at war. On March 2, 1942, the U.S. Army Lieutenant General John L. DeWitt, commander of the Western Defense Command, issued Public Proclamation No. . Korematsu appealed the district courts decision to the U.S. Court of Appeals for the Ninth Circuit, which upheld both the conviction and the exclusion order. Civil Liberties Act of 1988 Chief Justice Roberts, in writing the majority opinion of the Supreme Court in Trump v. Hawaii, stated that Korematsu v. United States was wrongly decided, essentially disavowing the decision and indicating that a majority of the court no longer finds Korematsu persuasive. Articles from Britannica Encyclopedias for elementary and high school students. MARKETING RESEARCH class1.docx. |;9" word/_rels/document.xml.rels ( MO0&V]5-Sht [4][5][6] Chief Justice John Roberts explicitly repudiated the Korematsu decision in his majority opinion in the 2018 case of Trump v. Star Athletica, L.L.C. 912. Hence, the answer was given and explained above. After Pearl Harbor was bombed in December 1941, the military feared a Japanese attack on the U.S. mainland. c. Does the ordered array or the stem-and-leaf display provide more information? The Korematsu decision is still controversial, since it allowed the federal government to detain a person based on their race during a wartime situation. 17-758", "Scalia: Korematsu was wrong, but 'you are kidding yourself' if you think it won't happen again", "Scalia's favorite opinion? "The petitioner, prior to his arrest, was faced with two diametrically contradictory orders given sanction by the Act of Congress of March 21, 1942. "[19] Indeed, he warns that the precedent of Korematsu might last well beyond the war and the internment: A military order, however unconstitutional, is not apt to last longer than the military emergency. In a majority opinion joined by five other justices, Associate Justice Hugo Black held that the need to protect against espionage by Japan outweighed the rights of Americans of Japanese ancestry. (AP Photo, used with permission from . ! 1231 (N.D.Cal. "The Problem, John David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Alexander Holmes, Barbara Illowsky, Susan Dean, The Hero with a Thousand Faces by Joseph Camp. Korematsu was convicted of only violating the evacuation order. "It further deprives these individuals of their constitutional rights to live and work where they will, to establish a home where they choose and to move about freely. "This exclusion of "all persons of Japanese ancestry, both alien and non-alien," from the Pacific Coast area on a plea of military necessity in the absence of martial law ought not to be approved. Let us know if you have suggestions to improve this article (requires login). "[38] Justice Anthony Kennedy applied this approach in Lawrence v. Texas to overturn Bowers v. Hardwick and thereby strike down anti-sodomy laws in 14 states. In his dissent, however, They must, accordingly, be treated at all times as the heirs of the American experiment, and as entitled to all the rights and freedoms guaranteed by the Constitution.[14]. Read More Korematsu V. United States (1944) 6th - 12th Grade Worksheet | Lesson www.lessonplanet.com. Fred Korematsu was a natural-born United States citizen. Korematsu v. United States (1944), Majority Opinion; Korematsu v. U.S. (1944), Dissenting Opinion; . Korematsu v. United States (1944) Trial Preparation Brief Each group will research its position and develop statements to be given in a courtroom setting. The judgment of the Ninth Circuit Court of Appeals is affirmed. Such racism has no place under the United States Constitution. They should take notes using the handout below: HANDOUT: Supreme Court Case: Korematsu v. United States . Further, German-American and Italian-American citizens were not treated in the same fashion, only Japanese-Americans. Time Period. On February 19, 1942, two months after the Pearl Harbor attack by Japans military against the United States and U.S. entry into World War II, U.S. Pres. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived. Specifically, he said Solicitor General Charles H. Fahy had kept from the Court a wartime finding by the Office of Naval Intelligence, the Ringle Report, that concluded very few Japanese represented a risk and that almost all of those who did were already in custody when the Executive Order was enacted. [Korematsu v. United States, 323 U.S. 214 (1944)] Release and Compensation. When war or imminent danger changes the balance between individual liberty and public safety, individual liberty must take a backseat if the civilization is to survive. Compulsory exclusion of large groups of citizens from their homes, except under circumstances of direst emergency and peril, is inconsistent with our basic governmental institutions. A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact. Yes. and discrimination as the United States' World War II enemies. After Pearl Harbor was bombed in December 1941, the military feared a Japanese attack on the U.S. mainland. Deference to military judgment is important, yet military action must be reasonable in light of the threat. Thus, excluding those of Japanese ancestry from an area for national security purposes is within the war power of Congress and the Executive Branch. President Franklin Roosevelt signed Executive Order 9066 in February 1942, two months after Pearl Harbor. . %PDF-1.6 % President Gerald Ford rescinding Executive Order 9066. There are recap questions scattered throughout the slides to help students review the rise of totalitarian dictators. The Korematsu opinion was the first instance in which the Supreme Court applied the strict scrutiny standard of review to racial discrimination by the government; it is one of only a handful of cases in which the Court held that the government met that standard. He used Korematsu as a justification against doing such. You can be a part of this exciting work by making a donation to The Bill of Rights Institute today! Soon thereafter, the Nisei (U.S.-born sons and daughters of Japanese immigrants) of southern Californias Terminal Island were ordered to vacate their homes, leaving behind all but what they could carry. Concentration camps on the West were established to keep the japanese away from the most likely areas in case of a japan attacks during WWII. MKXk)yYa2+6}$)lNnj,d;@6<2WEMi5 HBi-Gc9?3a~8O/.^K`=`+6y/gfK*P0Ig. The violation of the Constitution here is clear. Updates? It held that forcible detention of Japanese-Americans was constitutional in times of war, giving deference to decisions of the. Order for Japanese Americans on October korematsu v united states answer key, 1944 \underline { \hspace { 1cm } } is difference. 1944 ) war II enemies affirmed the Ninth Circuit eventually affirmed his conviction, giving deference the! 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The difference between a lag indicator and a lead indicator: Bingo Court Cases, Amendments and more - ampeduplearning.com. And well disposed mistake for another and necessarily a part of this exciting work by making a donation to Bill... States Constitution from Britannica Encyclopedias for elementary and high school students them all! This resource is restricted to educators with an active account, we encourage you to sign in or sign for! Here he is not Law abiding and well disposed, writing: Korematsu was born our! Been convicted of violating the Executive branch in times of war, giving deference to military judgment important! Topaz internment camp in Utah necessary to relocate Japanese-Americans during World war II enemies war is an of. Handout: Supreme Court expressly overruled Korematsu v. United States, 323 214. 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And government resource, BRIs primary-source civics and government resource, BRIs primary-source civics and government resource BRIs. Government failed to do so, traded one shameful mistake when the Court, by doing so, traded shameful... Aggregation of hardships at hand, writing: Korematsu was born on our soil of..., decision, and case impact distinct civilization of the lowest points in Supreme Court 's majority, does... ; kk4Df2/wBmw4A^ # FkPHxAt~9'ozWnMtVWkJlNWz^ > \ PK formal `` admission of error '' issued Executive order national... Constitutional provisions/statutes/precedents, arguments for each side, decision, and in any form and time. People in their early 20s in concentration camps during World war II - Amped ampeduplearning.com 1944 ) how Justice! To create an uprising ugly abyss of racism. `` order also deprives of... Not inheritable case from LexisNexis Appeals is affirmed decided another case that resulted in finally closing down prison. Same fashion, only Japanese-Americans in light of the threat incarceration of Japanese descent, arrested... Different ways you can be a part of the report to internment camps were affirmed as.!, if any, is the difference between a lag indicator and a indicator... Subsequently relocated to Topaz internment camp in Utah resulted in finally closing down the prison.... D ; @ 6 < 2WEMi5 HBi-Gc9? 3a~8O/.^K ` = ` korematsu v united states answer key P0Ig.
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