Korematsu v. United States (dissent)
E80672
Korematsu v. United States (dissent) is Justice Robert H. Jackson’s famous Supreme Court opinion condemning the wartime internment of Japanese Americans and warning against validating racial discrimination under the Constitution.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Korematsu v. United States (majority and later criticism) | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf | Supreme Court dissenting opinion ⓘ |
| argues |
courts should not accept unfounded military claims to justify racial discrimination
ⓘ
guilt is personal and cannot be attributed to a racial group ⓘ |
| author | Robert H. Jackson ⓘ |
| citedIn |
judicial opinions criticizing Korematsu v. United States
ⓘ
later civil liberties scholarship ⓘ |
| condemns | wartime internment of Japanese Americans ⓘ |
| constitutionalProvisionDiscussed |
Fifth Amendment to the United States Constitution
ⓘ
surface form:
Fifth Amendment
war powers of the federal government ⓘ |
| contrastsWith | majority’s acceptance of military judgment ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| criticizes |
mass internment without individualized suspicion
ⓘ
military exclusion orders based on race ⓘ |
| date | 1944 ⓘ |
| emphasizes |
danger of precedent legitimizing racial discrimination
ⓘ
importance of constitutional limits in wartime ⓘ |
| famousPassage |
“a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need”
ⓘ
“the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens” ⓘ |
| field |
civil liberties
ⓘ
civil rights law ⓘ constitutional law ⓘ |
| historicalSignificance |
influential statement against racial classifications in constitutional law
ⓘ
landmark critique of judicial deference in wartime ⓘ |
| involvesParty | Fred Korematsu ⓘ |
| judgeRoleOfAuthor | Associate Justice of the Supreme Court of the United States ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| language | English ⓘ |
| legalIssue |
civil liberties during wartime
ⓘ
constitutional rights ⓘ racial discrimination ⓘ wartime internment of Japanese Americans ⓘ |
| legalPhilosophyExpressed |
skepticism of unchecked executive and military power
ⓘ
strong protection of individual rights against group-based punishment ⓘ |
| opinionType | individual dissent ⓘ |
| opposesHoldingOf |
Korematsu v. United States
ⓘ
surface form:
Korematsu v. United States (majority opinion)
|
| partOfCase | Korematsu v. United States ⓘ |
| positionInCase | dissent ⓘ |
| publicationForm | United States Reports opinion ⓘ |
| relatedTo |
Japanese American internment
ⓘ
World War II home front ⓘ judicial review of military decisions ⓘ |
| timeContext | World War II ⓘ |
| viewsInternmentAs | unconstitutional racial discrimination ⓘ |
| viewsMilitaryJudgmentsAs | subject to judicial review ⓘ |
| warnsAgainst |
creating a loaded weapon for future misuse of military necessity
ⓘ
validating racial discrimination under the Constitution ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Korematsu v. United States (majority and later criticism)