text:
Korematsu v. United States, 323 U.S. 214 (1945)
Supreme Court of the United States
Filed: February 26th, 1945
Precedential Status: Precedential
Citations: 323 U.S. 214, 65 S. Ct. 193, 89 L. Ed. 194, 1944 U.S. LEXIS 1341
Docket Number: 22
Supreme Court Database ID: 1944-018
Author: Hugo Lafayette Black

323 U.S. 214 (1944)
KOREMATSU
v.
UNITED STATES.

No. 22.
Supreme Court of United States.

Argued October 11, 12, 1944.
Decided December 18, 1944.
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT.
*215 Messrs. Wayne M. Collins and Charles A. Horsky argued the cause, and Mr. Collins was on the brief, for petitioner.

Solicitor General Fahy, with whom Assistant Attorney General Wechsler and Messrs. Edward J. Ennis, Ralph F. Fuchs, and John L. Burling were on the brief, for the United States.

Messrs. Saburo Kido and A.L. Wirin filed a brief on behalf of the Japanese American Citizens League; and Messrs. Edwin Borchard, Charles A. Horsky, George Rublee, Arthur DeHon Hill, Winthrop Wadleigh, Osmond K. Fraenkel, Harold Evans, William Draper Lewis, and Thomas Raeburn White on behalf of the American Civil Liberties Union, as amici curiae, in support of petitioner.

Messrs. Robert W. Kenney, Attorney General of California, George Neuner, Attorney General of Oregon, Smith Troy, Attorney General of Washington, and Fred E. Lewis, Acting Attorney General of Washington, filed a brief on behalf of the States of California, Oregon and Washington, as amici curiae, in support of the United States.

MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioner, an American citizen of Japanese descent, was convicted in a federal district court for remaining in San Leandro, California, a "Military Area," contrary to Civilian Exclusion Order No. 34 of the Commanding General *216 of the Western Command, U.S. Army, which directed that after May 9, 1942, all persons of Japanese ancestry should be excluded from that area. No question was raised as to petitioner's loyalty to the United States. The Circuit Court of Appeals affirmed,[1] and the importance of the constitutional question involved caused us to grant certiorari.

It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can.

In the instant case prosecution of the petitioner was begun by information charging violation of an Act of Congress, of March 21, 1942, 56 Stat. 173, which provides that

". . . whoever shall enter, remain in, leave, or commit any act in any military area or military zone prescribed, under the authority of an Executive order of the President, by the Secretary of War, or by any military commander designated by the Secretary of War, contrary to the restrictions applicable to any such area or zone or contrary to the order of the Secretary of War or any such military commander, shall, if it appears that he knew or should have known of the existence and extent of the restrictions or order and that his act was in violation thereof, be guilty of a misdemeanor and upon conviction shall be liable to a fine of not to exceed $5,000 or to imprisonment for not more than one year, or both, for each offense."

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 *217 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. . . ."

One of the series of orders and proclamations, a curfew order, which like the exclusion order here was promulgated pursuant to Executive Order 9066, subjected all persons of Japanese ancestry in prescribed West Coast military areas to remain in their residences from 8 p.m. to 6 a.m. As is the case with the exclusion order here, that prior curfew order was designed as a "protection against espionage and against sabotage." In Hirabayashi v. United States, 320 U.S. 81, we sustained a conviction obtained for violation of the curfew order. The Hirabayashi conviction and this one thus rest on the same 1942 Congressional Act and the same basic executive and military orders, all of which orders were aimed at the twin dangers of espionage and sabotage.

The 1942 Act was attacked in the Hirabayashi case as an unconstitutional delegation of power; it was contended that the curfew order and other orders on which it rested were beyond the war powers of the Congress, the military authorities and of the President, as Commander in Chief of the Army; and finally that to apply the curfew order against none but citizens of Japanese ancestry amounted to a constitutionally prohibited discrimination solely on account of race. To these questions, we gave the serious consideration which their importance justified. We upheld the curfew order as an exercise of the power of the government to take steps necessary to prevent espionage and sabotage in an area threatened by Japanese attack.

In the 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 *218 those of Japanese ancestry from the West Coast war area at the time they did. True, exclusion from the area in which one's home is located is a far greater deprivation than constant confinement to the home from 8 p.m. to 6 a.m. Nothing short of apprehension by the proper military authorities of the gravest imminent danger to the public safety can constitutionally justify either. But exclusion from a threatened area, no less than curfew, has a definite and close relationship to the prevention of espionage and sabotage. The military authorities, charged with the primary responsibility of defending our shores, concluded that curfew provided inadequate protection and ordered exclusion. They did so, as pointed out in our Hirabayashi opinion, in accordance with Congressional authority to the military to say who should, and who should not, remain in the threatened areas.

In this case the petitioner challenges the assumptions upon which we rested our conclusions in the Hirabayashi case. He also urges that by May 1942, when Order No. 34 was promulgated, all danger of Japanese invasion of the West Coast had disappeared. After careful consideration of these contentions we are compelled to reject them.

Here, as in the Hirabayashi case, supra, at p. 99, ". . . we cannot reject as unfounded the judgment of the military authorities and of Congress that there were disloyal members of that population, whose number and strength could not be precisely and quickly ascertained. We cannot say that the war-making branches of the Government did not have ground for believing that in a critical hour such persons could not readily be isolated and separately dealt with, and constituted a menace to the national defense and safety, which demanded that prompt and adequate measures be taken to guard against it."

Like curfew, exclusion of those of Japanese origin was deemed necessary because of the presence of an unascertained number of disloyal members of the group, most of *219 whom we have no doubt were loyal to this country. It was because we could not reject the finding of the military authorities that it was impossible to bring about an immediate segregation of the disloyal from the loyal that we sustained the validity of the curfew order as applying to the whole group. In the instant case, temporary exclusion of the entire group was rested by the military on the same ground. The judgment that exclusion of the whole group was for the same reason a military imperative answers the contention that the exclusion was in the nature of group punishment based on antagonism to those of Japanese origin. That there were members of the group who retained loyalties to Japan has been confirmed by investigations made subsequent to the exclusion. Approximately five thousand American citizens of Japanese ancestry refused to swear unqualified allegiance to the United States and to renounce allegiance to the Japanese Emperor, and several thousand evacuees requested repatriation to Japan.[2]

We uphold the exclusion order as of the time it was made and when the petitioner violated it. Cf. Chastleton Corporation v. Sinclair, 264 U.S. 543, 547; Block v. Hirsh, 256 U.S. 135, 154-5. In doing so, we are not unmindful of the hardships imposed by it upon a large group of American citizens. Cf. Ex parte Kawato, 317 U.S. 69, 73. But hardships are part of war, and war is an aggregation of hardships. All citizens alike, both in and out of uniform, feel the impact of war in greater or lesser measure. Citizenship has its responsibilities as well as its privileges, and in time of war the burden is always heavier. Compulsory *220 exclusion of large groups of citizens from their homes, except under circumstances of direct emergency and peril, is inconsistent with our basic governmental institutions. But when under conditions of modern warfare our shores are threatened by hostile forces, the power to protect must be commensurate with the threatened danger.

It is argued that on May 30, 1942, the date the petitioner was charged with remaining in the prohibited area, there were conflicting orders outstanding, forbidding him both to leave the area and to remain there. Of course, a person cannot be convicted for doing the very thing which it is a crime to fail to do. But the outstanding orders here contained no such contradictory commands.

There was an order issued March 27, 1942, which prohibited petitioner and others of Japanese ancestry from leaving the area, but its effect was specifically limited in time "until and to the extent that a future proclamation or order should so permit or direct." 7 Fed. Reg. 2601. That "future order," the one for violation of which petitioner was convicted, was issued May 3, 1942, and it did "direct" exclusion from the area of all persons of Japanese ancestry, before 12 o'clock noon, May 9; furthermore it contained a warning that all such persons found in the prohibited area would be liable to punishment under the March 21, 1942 Act of Congress. Consequently, the only order in effect touching the petitioner's being in the area on May 30, 1942, the date specified in the information against him, was the May 3 order which prohibited his remaining there, and it was that same order, which he stipulated in his trial that he had violated, knowing of its existence. There is therefore no basis for the argument that on May 30, 1942, he was subject to punishment, under the March 27 and May 3 orders, whether he remained in or left the area.

It does appear, however, that on May 9, the effective date of the exclusion order, the military authorities had *221 already determined that the evacuation should be effected by assembling together and placing under guard all those of Japanese ancestry, at central points, designated as "assembly centers," in order "to insure the orderly evacuation and resettlement of Japanese voluntarily migrating from Military Area No. 1, to restrict and regulate such migration." Public Proclamation No. 4, 7 Fed. Reg. 2601. And on May 19, 1942, eleven days before the time petitioner was charged with unlawfully remaining in the area, Civilian Restrictive Order No. 1, 8 Fed. Reg. 982, provided for detention of those of Japanese ancestry in assembly or relocation centers. It is now argued that the validity of the exclusion order cannot be considered apart from the orders requiring him, after departure from the area, to report and to remain in an assembly or relocation center. The contention is that we must treat these separate orders as one and inseparable; that, for this reason, if detention in the assembly or relocation center would have illegally deprived the petitioner of his liberty, the exclusion order and his conviction under it cannot stand.

We are thus being asked to pass at this time upon the whole subsequent detention program in both assembly and relocation centers, although the only issues framed at the trial related to petitioner's remaining in the prohibited area in violation of the exclusion order. Had petitioner here left the prohibited area and gone to an assembly center we cannot say either as a matter of fact or law that his presence in that center would have resulted in his detention in a relocation center. Some who did report to the assembly center were not sent to relocation centers, but were released upon condition that they remain outside the prohibited zone until the military orders were modified or lifted. This illustrates that they pose different problems and may be governed by different principles. The lawfulness of one does not necessarily determine the lawfulness of the others. This is made clear *222 when we analyze the requirements of the separate provisions of the separate orders. These separate requirements were that those of Japanese ancestry (1) depart from the area; (2) report to and temporarily remain in an assembly center; (3) go under military control to a relocation center there to remain for an indeterminate period until released conditionally or unconditionally by the military authorities. Each of these requirements, it will be noted, imposed distinct duties in connection with the separate steps in a complete evacuation program. Had Congress directly incorporated into one Act the language of these separate orders, and provided sanctions for their violations, disobedience of any one would have constituted a separate offense. Cf. Blockburger v. United States, 284 U.S. 299, 304. There is no reason why violations of these orders, insofar as they were promulgated pursuant to Congressional enactment, should not be treated as separate offenses.

The Endo case, post, p. 283, graphically illustrates the difference between the validity of an order to exclude and the validity of a detention order after exclusion has been effected.

Since the petitioner has not been convicted of failing to report or to remain in an assembly or relocation center, we cannot in this case determine the validity of those separate provisions of the order. It is sufficient here for us to pass upon the order which petitioner violated. To do more would be to go beyond the issues raised, and to decide momentous questions not contained within the framework of the pleadings or the evidence in this case. It will be time enough to decide the serious constitutional issues which petitioner seeks to raise when an assembly or relocation order is applied or is certain to be applied to him, and we have its terms before us.

Some of the members of the Court are of the view that evacuation and detention in an Assembly Center were inseparable. After May 3, 1942, the date of Exclusion *223 Order No. 34, Korematsu was under compulsion to leave the area not as he would choose but via an Assembly Center. The Assembly Center was conceived as a part of the machinery for group evacuation. The power to exclude includes the power to do it by force if necessary. And any forcible measure must necessarily entail some degree of detention or restraint whatever method of removal is selected. But whichever view is taken, it results in holding that the order under which petitioner was convicted was valid.

It is said that we are dealing here with the case of imprisonment of a citizen in a concentration camp solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. Our task would be simple, our duty clear, were this a case involving the imprisonment of a loyal citizen in a concentration camp because of racial prejudice. Regardless of the true nature of the assembly and relocation centers — and we deem it unjustifiable to call them concentration camps with all the ugly connotations that term implies — we are dealing specifically with nothing but an exclusion order. To cast this case into outlines of racial prejudice, without reference to the real military dangers which were presented, merely confuses the issue. 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, 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. There was evidence of disloyalty on the part of some, the military authorities considered that the need for *224 action was great, and time was short. We cannot — by availing ourselves of the calm perspective of hindsight — now say that at that time these actions were unjustified.

Affirmed.

MR. JUSTICE FRANKFURTER, concurring.

According to my reading of Civilian Exclusion Order No. 34, it was an offense for Korematsu to be found in Military Area No. 1, the territory wherein he was previously living, except within the bounds of the established Assembly Center of that area. Even though the various orders issued by General DeWitt be deemed a comprehensive code of instructions, their tenor is clear and not contradictory. They put upon Korematsu the obligation to leave Military Area No. 1, but only by the method prescribed in the instructions, i.e., by reporting to the Assembly Center. I am unable to see how the legal considerations that led to the decision in Hirabayashi v. United States, 320 U.S. 81, fail to sustain the military order which made the conduct now in controversy a crime. And so I join in the opinion of the Court, but should like to add a few words of my own.

The provisions of the Constitution which confer on the Congress and the President powers to enable this country to wage war are as much part of the Constitution as provisions looking to a nation at peace. And we have had recent occasion to quote approvingly the statement of former Chief Justice Hughes that the war power of the Government is "the power to wage war successfully." Hirabayashi v. United States, supra at 93; and see Home Bldg. & L. Assn. v. Blaisdell, 290 U.S. 398, 426. Therefore, the validity of action under the war power must be judged wholly in the context of war. That action is not to be stigmatized as lawless because like action in times of peace would be lawless. To talk about a military order that expresses an allowable judgment of war needs by those entrusted with the duty of conducting war as "an *225 unconstitutional order" is to suffuse a part of the Constitution with an atmosphere of unconstitutionality. The respective spheres of action of military authorities and of judges are of course very different. But within their sphere, military authorities are no more outside the bounds of obedience to the Constitution than are judges within theirs. "The war power of the United States, like its other powers . . . is subject to applicable constitutional limitations", Hamilton v. Kentucky Distilleries Co., 251 U.S. 146, 156. To recognize that military orders are "reasonably expedient military precautions" in time of war and yet to deny them constitutional legitimacy makes of the Constitution an instrument for dialectic subleties not reasonably to be attributed to the hard-headed Framers, of whom a majority had had actual participation in war. If a military order such as that under review does not transcend the means appropriate for conducting war, such action by the military is as constitutional as would be any authorized action by the Interstate Commerce Commission within the limits of the constitutional power to regulate commerce. And being an exercise of the war power explicitly granted by the Constitution for safeguarding the national life by prosecuting war effectively, I find nothing in the Constitution which denies to Congress the power to enforce such a valid military order by making its violation an offense triable in the civil courts. Compare Interstate Commerce Commission v. Brimson, 154 U.S. 447; 155 U.S. 3, and Monongahela Bridge Co. v. United States, 216 U.S. 177. To find that the Constitution does not forbid the military measures now complained of does not carry with it approval of that which Congress and the Executive did. That is their business, not ours.

MR. JUSTICE ROBERTS.

I dissent, because I think the indisputable facts exhibit a clear violation of Constitutional rights.

This is not a case of keeping people off the streets at night as was Hirabayashi v. United States, 320 U.S. 81, *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. 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. If this be a correct statement of the facts disclosed by this record, and facts of which we take judicial notice, I need hardly labor the conclusion that Constitutional rights have been violated.

The Government's argument, and the opinion of the court, in my judgment, erroneously divide that which is single and indivisible and thus make the case appear as if the petitioner violated a Military Order, sanctioned by Act of Congress, which excluded him from his home, by refusing voluntarily to leave and, so, knowingly and intentionally, defying the order and the Act of Congress.

The petitioner, a resident of San Leandro, Alameda County, California, is a native of the United States of Japanese ancestry who, according to the uncontradicted evidence, is a loyal citizen of the nation.

A chronological recitation of events will make it plain that the petitioner's supposed offense did not, in truth, consist in his refusal voluntarily to leave the area which included his home in obedience to the order excluding him therefrom. Critical attention must be given to the dates and sequence of events.

December 8, 1941, the United States declared war on Japan.

February 19, 1942, the President issued Executive Order No. 9066,[1] which, after stating the reason for issuing the *227 order as "protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities," provided that certain Military Commanders might, in their discretion, "prescribe military areas" and define their extent, "from which any or all persons may be excluded, and with respect to which the right of any person to enter, remain in, or leave shall be subject to whatever restrictions" the "Military Commander may impose in his discretion."

February 20, 1942, Lieutenant General DeWitt was designated Military Commander of the Western Defense Command embracing the westernmost states of the Union, — about one-fourth of the total area of the nation.

March 2, 1942, General DeWitt promulgated Public Proclamation No. 1,[2] which recites that the entire Pacific Coast is "particularly subject to attack, to attempted invasion . . . and, in connection therewith, is subject to espionage and acts of sabotage." It states that "as a matter of military necessity" certain military areas and zones are established known as Military Areas Nos. 1 and 2. It adds that "Such persons or classes of persons as the situation may require" will, by subsequent orders, "be excluded from all of Military Area No. 1" and from certain zones in Military Area No. 2. Subsequent proclamations were made which, together with Proclamation No. 1, included in such areas and zones all of California, Washington, Oregon, Idaho, Montana, Nevada and Utah, and the southern portion of Arizona. The orders required that if any person of Japanese, German or Italian ancestry residing in Area No. 1 desired to change his habitual residence he must execute and deliver to the authorities a Change of Residence Notice.

San Leandro, the city of petitioner's residence, lies in Military Area No. 1.

*228 On March 2, 1942, the petitioner, therefore, had notice that, by Executive Order, the President, to prevent espionage and sabotage, had authorized the Military to exclude him from certain areas and to prevent his entering or leaving certain areas without permission. He was on notice that his home city had been included, by Military Order, in Area No. 1, and he was on notice further that, at sometime in the future, the Military Commander would make an order for the exclusion of certain persons, not described or classified, from various zones including that in which he lived.

March 21, 1942, Congress enacted[3] that anyone who knowingly "shall enter, remain in, leave, or commit any act in any military area or military zone prescribed . . . by any military commander . . . contrary to the restrictions applicable to any such area or zone or contrary to the order of . . . any such military commander" shall be guilty of a misdemeanor. This is the Act under which the petitioner was charged.

March 24, 1942, General DeWitt instituted the curfew for certain areas within his command, by an order the validity of which was sustained in Hirabayashi v. United States, supra.

March 24, 1942, General DeWitt began to issue a series of exclusion orders relating to specified areas.

March 27, 1942, by Proclamation No. 4,[4] the General recited that "it is necessary, in order to provide for the welfare and to insure the orderly evacuation and resettlement of Japanese voluntarily migrating from Military Area No. 1, to restrict and regulate such migration"; and ordered that, as of March 29, 1942, "all alien Japanese and persons of Japanese ancestry who are within the limits of Military Area No. 1, be and they are hereby *229 prohibited from leaving that area for any purpose until and to the extent that a future proclamation or order of this headquarters shall so permit or direct."[5]

No order had been made excluding the petitioner from the area in which he lived. By Proclamation No. 4 he was, after March 29, 1942, confined to the limits of Area No. 1. If the Executive Order No. 9066 and the Act of Congress meant what they said, to leave that area, in the face of Proclamation No. 4, would be to commit a misdemeanor.

May 3, 1942, General DeWitt issued Civilian Exclusion Order No. 34[6] providing that, after 12 o'clock May 8, 1942, all persons of Japanese ancestry, both alien and non-alien, were to be excluded from a described portion of Military Area No. 1, which included the County of Alameda, California. The order required a responsible member of each family and each individual living alone to report, at a time set, at a Civil Control Station for instructions to go to an Assembly Center, and added that any person failing to comply with the provisions of the order who was found in the described area after the date set would be liable to prosecution under the Act of March 21, 1942, supra. It is important to note that the order, by its express terms, had no application to persons within the bounds "of an established Assembly Center pursuant to instructions from this Headquarters .. ." The obvious purpose of the orders made, taken together, was to drive all citizens of Japanese ancestry into Assembly Centers within the zones of their residence, under pain of criminal prosecution.

*230 The predicament in which the petitioner thus found himself was this: He was forbidden, by Military Order, to leave the zone in which he lived; he was forbidden, by Military Order, after a date fixed, to be found within that zone unless he were in an Assembly Center located in that zone. General DeWitt's report to the Secretary of War concerning the programme of evacuation and relocation of Japanese makes it entirely clear, if it were necessary to refer to that document, — and, in the light of the above recitation, I think it is not, — that an Assembly Center was a euphemism for a prison. No person within such a center was permitted to leave except by Military Order.

In the dilemma that he dare not remain in his home, or voluntarily leave the area, without incurring criminal penalties, and that the only way he could avoid punishment was to go to an Assembly Center and submit himself to military imprisonment, the petitioner did nothing.

June 12, 1942, an Information was filed in the District Court for Northern California charging a violation of the Act of March 21, 1942, in that petitioner had knowingly remained within the area covered by Exclusion Order No. 34. A demurrer to the information having been overruled, the petitioner was tried under a plea of not guilty and convicted. Sentence was suspended and he was placed on probation for five years. We know, however, in the light of the foregoing recitation, that he was at once taken into military custody and lodged in an Assembly Center. We further know that, on March 18, 1942, the President had promulgated Executive Order No. 9102[7] establishing the War Relocation Authority under which so-called Relocation Centers, a euphemism for concentration camps, were established pursuant to cooperation between the military authorities of the Western Defense Command and the Relocation Authority, and that the petitioner has *231 been confined either in an Assembly Center, within the zone in which he had lived or has been removed to a Relocation Center where, as the facts disclosed in Ex parte Endo (post, p. 283) demonstrate, he was illegally held in custody.

The Government has argued this case as if the only order outstanding at the time the petitioner was arrested and informed against was Exclusion Order No. 34 ordering him to leave the area in which he resided, which was the basis of the information against him. That argument has evidently been effective. The opinion refers to the Hirabayashi case, supra, to show that this court has sustained the validity of a curfew order in an emergency. The argument then is that exclusion from a given area of danger, while somewhat more sweeping than a curfew regulation, is of the same nature, — a temporary expedient made necessary by a sudden emergency. This, I think, is a substitution of an hypothetical case for the case actually before the court. I might agree with the court's disposition of the hypothetical case.[8] The liberty of every American citizen freely to come and to go must frequently, in the face of sudden danger, be temporarily limited or suspended. The civil authorities must often resort to the expedient of excluding citizens temporarily from a locality. The drawing of fire lines in the case of a conflagration, the removal of persons from the area where a pestilence has broken out, are familiar examples. If the exclusion worked by Exclusion Order No. 34 were of that nature the Hirabayashi case would be authority for sustaining it. *232 But the facts above recited, and those set forth in Ex parte Endo, supra, show that the exclusion was but a part of an over-all plan for forceable detention. This case cannot, therefore, be decided on any such narrow ground as the possible validity of a Temporary Exclusion Order under which the residents of an area are given an opportunity to leave and go elsewhere in their native land outside the boundaries of a military area. To make the case turn on any such assumption is to shut our eyes to reality.

As I have said above, the petitioner, prior to his arrest, was faced with two diametrically contradictory orders given sanction by the Act of Congress of March 21, 1942. The earlier of those orders made him a criminal if he left the zone in which he resided; the later made him a criminal if he did not leave.

I had supposed that if a citizen was constrained by two laws, or two orders having the force of law, and obedience to one would violate the other, to punish him for violation of either would deny him due process of law. And I had supposed that under these circumstances a conviction for violating one of the orders could not stand.

We cannot shut our eyes to the fact that had the petitioner attempted to violate Proclamation No. 4 and leave the military area in which he lived he would have been arrested and tried and convicted for violation of Proclamation No. 4. The two conflicting orders, one which commanded him to stay and the other which commanded him to go, were nothing but a cleverly devised trap to accomplish the real purpose of the military authority, which was to lock him up in a concentration camp. The only course by which the petitioner could avoid arrest and prosecution was to go to that camp according to instructions to be given him when he reported at a Civil Control Center. We know that is the fact. Why should we set up a figmentary and artificial situation instead of addressing ourselves to the actualities of the case?

*233 These stark realities are met by the suggestion that it is lawful to compel an American citizen to submit to illegal imprisonment on the assumption that he might, after going to the Assembly Center, apply for his discharge by suing out a writ of habeas corpus, as was done in the Endo case, supra. The answer, of course, is that where he was subject to two conflicting laws he was not bound, in order to escape violation of one or the other, to surrender his liberty for any period. Nor will it do to say that the detention was a necessary part of the process of evacuation, and so we are here concerned only with the validity of the latter.

Again it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute but must obey it though he knows it is no law and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law.

Moreover, it is beside the point to rest decision in part on the fact that the petitioner, for his own reasons, wished to remain in his home. If, as is the fact, he was constrained so to do, it is indeed a narrow application of constitutional rights to ignore the order which constrained him, in order to sustain his conviction for violation of another contradictory order.

I would reverse the judgment of conviction.

MR. JUSTICE MURPHY, dissenting.

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. Such exclusion goes over "the very brink of constitutional power" and falls into the ugly abyss of racism.

In dealing with matters relating to the prosecution and progress of a war, we must accord great respect and consideration *234 to the judgments of the military authorities who are on the scene and who have full knowledge of the military facts. The scope of their discretion must, as a matter of necessity and common sense, be wide. And their judgments ought not to be overruled lightly by those whose training and duties ill-equip them to deal intelligently with matters so vital to the physical security of the nation.

At the same time, however, it is essential that there be definite limits to military discretion, especially where martial law has not been declared. Individuals must not be left impoverished of their constitutional rights on a plea of military necessity that has neither substance nor support. Thus, like other claims conflicting with the asserted constitutional rights of the individual, the military claim must subject itself to the judicial process of having its reasonableness determined and its conflicts with other interests reconciled. "What are the allowable limits of military discretion, and whether or not they have been overstepped in a particular case, are judicial questions." Sterling v. Constantin, 287 U.S. 378, 401.

The judicial test of whether the Government, on a plea of military necessity, can validly deprive an individual of any of his constitutional rights is whether the deprivation is reasonably related to a public danger that is so "immediate, imminent, and impending" as not to admit of delay and not to permit the intervention of ordinary constitutional processes to alleviate the danger. United States v. Russell, 13 Wall. 623, 627-8; Mitchell v. Harmony, 13 How. 115, 134-5; Raymond v. Thomas, 91 U.S. 712, 716. Civilian Exclusion Order No. 34, banishing from a prescribed area of the Pacific Coast "all persons of Japanese ancestry, both alien and non-alien," clearly does not meet that test. Being an obvious racial discrimination, the *235 order deprives all those within its scope of the equal protection of the laws as guaranteed by the Fifth Amendment. 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. In excommunicating them without benefit of hearings, this order also deprives them of all their constitutional rights to procedural due process. Yet no reasonable relation to an "immediate, imminent, and impending" public danger is evident to support this racial restriction which is one of the most sweeping and complete deprivations of constitutional rights in the history of this nation in the absence of martial law.

It must be conceded that the military and naval situation in the spring of 1942 was such as to generate a very real fear of invasion of the Pacific Coast, accompanied by fears of sabotage and espionage in that area. The military command was therefore justified in adopting all reasonable means necessary to combat these dangers. In adjudging the military action taken in light of the then apparent dangers, we must not erect too high or too meticulous standards; it is necessary only that the action have some reasonable relation to the removal of the dangers of invasion, sabotage and espionage. But the exclusion, either temporarily or permanently, of all persons with Japanese blood in their veins has no such reasonable relation. And that relation is lacking because the exclusion order necessarily must rely for its reasonableness upon the assumption that all persons of Japanese ancestry may have a dangerous tendency to commit sabotage and espionage and to aid our Japanese enemy in other ways. It is difficult to believe that reason, logic or experience could be marshalled in support of such an assumption.

That this forced exclusion was the result in good measure of this erroneous assumption of racial guilt rather than *236 bona fide military necessity is evidenced by the Commanding General's Final Report on the evacuation from the Pacific Coast area.[1] In it he refers to all individuals of Japanese descent as "subversive," as belonging to "an enemy race" whose "racial strains are undiluted," and as constituting "over 112,000 potential enemies . . . at large today" along the Pacific Coast.[2] In support of this blanket condemnation of all persons of Japanese descent, however, no reliable evidence is cited to show that such individuals were generally disloyal,[3] or had generally so conducted themselves in this area as to constitute a special menace to defense installations or war industries, or had otherwise by their behavior furnished reasonable ground for their exclusion as a group.

Justification for the exclusion is sought, instead, mainly upon questionable racial and sociological grounds not *237 ordinarily within the realm of expert military judgment, supplemented by certain semi-military conclusions drawn from an unwarranted use of circumstantial evidence. Individuals of Japanese ancestry are condemned because they are said to be "a large, unassimilated, tightly knit racial group, bound to an enemy nation by strong ties of race, culture, custom and religion."[4] They are claimed to be given to "emperor worshipping ceremonies"[5] and to "dual citizenship."[6] Japanese language schools and allegedly pro-Japanese organizations are cited as evidence of possible group disloyalty,[7] together with facts as to *238 certain persons being educated and residing at length in Japan.[8] It is intimated that many of these individuals deliberately resided "adjacent to strategic points," thus enabling them "to carry into execution a tremendous program of sabotage on a mass scale should any considerable number of them have been inclined to do so."[9] The need for protective custody is also asserted. The report refers without identity to "numerous incidents of violence" as well as to other admittedly unverified or cumulative incidents. From this, plus certain other events not shown to have been connected with the Japanese Americans, it is concluded that the "situation was fraught with danger to the Japanese population itself" and that the general public "was ready to take matters into its own hands."[10] Finally, it is intimated, though not directly *239 charged or proved, that persons of Japanese ancestry were responsible for three minor isolated shellings and bombings of the Pacific Coast area,[11] as well as for unidentified radio transmissions and night signalling.

The main reasons relied upon by those responsible for the forced evacuation, therefore, do not prove a reasonable relation between the group characteristics of Japanese Americans and the dangers of invasion, sabotage and espionage. The reasons appear, instead, to be largely an accumulation of much of the misinformation, half-truths and insinuations that for years have been directed against Japanese Americans by people with racial and economic prejudices — the same people who have been among the foremost advocates of the evacuation.[12] A military judgment *240 based upon such racial and sociological considerations is not entitled to the great weight ordinarily given the judgments based upon strictly military considerations. Especially is this so when every charge relative to race, religion, culture, geographical location, and legal and economic status has been substantially discredited by independent studies made by experts in these matters.[13]

The military necessity which is essential to the validity of the evacuation order thus resolves itself into a few intimations that certain individuals actively aided the enemy, from which it is inferred that the entire group of Japanese Americans could not be trusted to be or remain loyal to the United States. No one denies, of course, that there were some disloyal persons of Japanese descent on the Pacific Coast who did all in their power to aid their ancestral land. Similar disloyal activities have been engaged in by many persons of German, Italian and even more pioneer stock in our country. But to infer that examples of individual disloyalty prove group disloyalty and justify discriminatory action against the entire group is to deny that under our system of law individual guilt is the sole basis for deprivation of rights. Moreover, this inference, which is at the very heart of the evacuation orders, has been used in support of the abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy. To give constitutional sanction to that inference in this case, however well-intentioned may have been the military command on the Pacific Coast, is to adopt one of the cruelest of the rationales used by our enemies to destroy the dignity of the individual and to encourage and open the door to discriminatory actions against other minority groups in the passions of tomorrow.

*241 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. See House Report No. 2124 (77th Cong., 2d Sess.) 247-52. It is asserted merely that the loyalties of this group "were unknown and time was of the essence."[14] Yet nearly four months elapsed after Pearl Harbor before the first exclusion order was issued; nearly eight months went by until the last order was issued; and the last of these "subversive" persons was not actually removed until almost eleven months had elapsed. Leisure and deliberation seem to have been more of the essence than speed. And the fact that conditions were not such as to warrant a declaration of martial law adds strength to the belief that the factors of time and military necessity were not as urgent as they have been represented to be.

Moreover, there was no adequate proof that the Federal Bureau of Investigation and the military and naval intelligence services did not have the espionage and sabotage situation well in hand during this long period. Nor is there any denial of the fact that not one person of Japanese ancestry was accused or convicted of espionage or sabotage after Pearl Harbor while they were still free,[15] a fact which is some evidence of the loyalty of the vast majority of these individuals and of the effectiveness of the established methods of combatting these evils. It *242 seems incredible that under these circumstances it would have been impossible to hold loyalty hearings for the mere 112,000 persons involved — or at least for the 70,000 American citizens — especially when a large part of this number represented children and elderly men and women.[16] Any inconvenience that may have accompanied an attempt to conform to procedural due process cannot be said to justify violations of constitutional rights of individuals.

I dissent, therefore, from this legalization of racism. Racial discrimination in any form and in any degree has no justifiable part whatever in our democratic way of life. 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. All residents of this nation are kin in some way by blood or culture to a foreign land. Yet they are primarily and necessarily a part of the new and distinct civilization of the United States. 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.

MR. JUSTICE JACKSON, dissenting.

Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by *243 residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. 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.

Even more unusual is the series of military orders which made this conduct a crime. They forbid such a one to remain, and they also forbid him to leave. They were so drawn that the only way Korematsu could avoid violation was to give himself up to the military authority. This meant submission to custody, examination, and transportation out of the territory, to be followed by indeterminate confinement in detention camps.

A citizen's presence in the locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four — the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason but out on parole — only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock.

Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him, for it provides that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should *244 enact such a criminal law, I should suppose this Court would refuse to enforce it.

But the "law" which this prisoner is convicted of disregarding is not found in an act of Congress, but in a military order. Neither the Act of Congress nor the Executive Order of the President, nor both together, would afford a basis for this conviction. It rests on the orders of General DeWitt. And it is said that if the military commander had reasonable military grounds for promulgating the orders, they are constitutional and become law, and the Court is required to enforce them. There are several reasons why I cannot subscribe to this doctrine.

It would be impracticable and dangerous idealism to expect or insist that each specific military command in an area of probable operations will conform to conventional tests of constitutionality. When an area is so beset that it must be put under military control at all, the paramount consideration is that its measures be successful, rather than legal. The armed services must protect a society, not merely its Constitution. The very essence of the military job is to marshal physical force, to remove every obstacle to its effectiveness, to give it every strategic advantage. Defense measures will not, and often should not, be held within the limits that bind civil authority in peace. No court can require such a commander in such circumstances to act as a reasonable man; he may be unreasonably cautious and exacting. Perhaps he should be. But a commander in temporarily focusing the life of a community on defense is carrying out a military program; he is not making law in the sense the courts know the term. He issues orders, and they may have a certain authority as military commands, although they may be very bad as constitutional law.

But if we cannot confine military expedients by the Constitution, neither would I distort the Constitution to approve all that the military may deem expedient. That is *245 what the Court appears to be doing, whether consciously or not. I cannot say, from any evidence before me, that the orders of General DeWitt were not reasonably expedient military precautions, nor could I say that they were. But even if they were permissible military procedures, I deny that it follows that they are constitutional. If, as the Court holds, it does follow, then we may as well say that any military order will be constitutional and have done with it.

The limitation under which courts always will labor in examining the necessity for a military order are illustrated by this case. How does the Court know that these orders have a reasonable basis in necessity? No evidence whatever on that subject has been taken by this or any other court. There is sharp controversy as to the credibility of the DeWitt report. So the Court, having no real evidence before it, has no choice but to accept General DeWitt's own unsworn, self-serving statement, untested by any cross-examination, that what he did was reasonable. And thus it will always be when courts try to look into the reasonableness of a military order.

In the very nature of things, military decisions are not susceptible of intelligent judicial appraisal. They do not pretend to rest on evidence, but are made on information that often would not be admissible and on assumptions that could not be proved. Information in support of an order could not be disclosed to courts without danger that it would reach the enemy. Neither can courts act on communications made in confidence. Hence courts can never have any real alternative to accepting the mere declaration of the authority that issued the order that it was reasonably necessary from a military viewpoint.

Much is said of the danger to liberty from the Army program for deporting and detaining these citizens of Japanese extraction. But a judicial construction of the due process clause that will sustain this order is a far more *246 subtle blow to liberty than the promulgation of the order itself. A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking and expands it to new purposes. All who observe the work of courts are familiar with what Judge Cardozo described as "the tendency of a principle to expand itself to the limit of its logic."[1] A military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution. There it has a generative power of its own, and all that it creates will be in its own image. Nothing better illustrates this danger than does the Court's opinion in this case.

It argues that we are bound to uphold the conviction of Korematsu because we upheld one in Hirabayashi v. United States, 320 U.S. 81, when we sustained these orders in so far as they applied a curfew requirement to a citizen of Japanese ancestry. I think we should learn something from that experience.

In that case we were urged to consider only the curfew feature, that being all that technically was involved, because it was the only count necessary to sustain Hirabayashi's conviction and sentence. We yielded, and the Chief Justice guarded the opinion as carefully as language *247 will do. He said: "Our investigation here does not go beyond the inquiry whether, in the light of all the relevant circumstances preceding and attending their promulgation, the challenged orders and statute afforded a reasonable basis for the action taken in imposing the curfew." 320 U.S. at 101. "We decide only the issue as we have defined it — we decide only that the curfew order as applied, and at the time it was applied, was within the boundaries of the war power." 320 U.S. at 102. And again: "It is unnecessary to consider whether or to what extent such findings would support orders differing from the curfew order." 320 U.S. at 105. (Italics supplied.) However, in spite of our limiting words we did validate a discrimination on the basis of ancestry for mild and temporary deprivation of liberty. Now the principle of racial discrimination is pushed from support of mild measures to very harsh ones, and from temporary deprivations to indeterminate ones. And the precedent which it is said requires us to do so is Hirabayashi. The Court is now saying that in Hirabayashi we did decide the very things we there said we were not deciding. Because we said that these citizens could be made to stay in their homes during the hours of dark, it is said we must require them to leave home entirely; and if that, we are told they may also be taken into custody for deportation; and if that, it is argued they may also be held for some undetermined time in detention camps. How far the principle of this case would be extended before plausible reasons would play out, I do not know.

I should hold that a civil court cannot be made to enforce an order which violates constitutional limitations even if it is a reasonable exercise of military authority. The courts can exercise only the judicial power, can apply only law, and must abide by the Constitution, or they cease to be civil courts and become instruments of military policy.

*248 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. But I would not lead people to rely on this Court for a review that seems to me wholly delusive. The military reasonableness of these orders can only be determined by military superiors. 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. The chief restraint upon those who command the physical forces of the country, in the future as in the past, must be their responsibility to the political judgments of their contemporaries and to the moral judgments of history.

My duties as a justice as I see them do not require me to make a military judgment as to whether General DeWitt's evacuation and detention program was a reasonable military necessity. I do not suggest that the courts should have attempted to interfere with the Army in carrying out its task. But I do not think they may be asked to execute a military expedient that has no place in law under the Constitution. I would reverse the judgment and discharge the prisoner.

NOTES

[1]  140 F.2d 289.

[2] Hearings before the Subcommittee on the National War Agencies Appropriation Bill for 1945, Part II, 608-726; Final Report, Japanese Evacuation from the West Coast, 1942, 309-327; Hearings before the Committee on Immigration and Naturalization, House of Representatives, 78th Cong., 2d Sess., on H.R. 2701 and other bills to expatriate certain nationals of the United States, pp. 37-42, 49-58.

[1] 7 Fed. Reg. 1407.

[2] 7 Fed. Reg. 2320.

[3] 56 Stat. 173.

[4] 7 Fed. Reg. 2601.

[5] The italics in the quotation are mine. The use of the word "voluntarily" exhibits a grim irony probably not lost on petitioner and others in like case. Either so, or its use was a disingenuous attempt to camouflage the compulsion which was to be applied.

[6] 7 Fed. Reg. 3967.

[7] 7 Fed. Reg. 2165.

[8] My agreement would depend on the definition and application of the terms "temporary" and "emergency." No pronouncement of the commanding officer can, in my view, preclude judicial inquiry and determination whether an emergency ever existed and whether, if so, it remained, at the date of the restraint out of which the litigation arose. Cf. Chastleton Corp. v. Sinclair, 264 U.S. 543.

[1] Final Report, Japanese Evacuation from the West Coast, 1942, by Lt. Gen. J.L. DeWitt. This report is dated June 5, 1943, but was not made public until January, 1944.

[2] Further evidence of the Commanding General's attitude toward individuals of Japanese ancestry is revealed in his voluntary testimony on April 13, 1943, in San Francisco before the House Naval Affairs Subcommittee to Investigate Congested Areas, Part 3, pp. 739-40 (78th Cong., 1st Sess.):

"I don't want any of them [persons of Japanese ancestry] here. They are a dangerous element. There is no way to determine their loyalty. The west coast contains too many vital installations essential to the defense of the country to allow any Japanese on this coast. . . . The danger of the Japanese was, and is now — if they are permitted to come back — espionage and sabotage. It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . But we must worry about the Japanese all the time until he is wiped off the map. Sabotage and espionage will make problems as long as he is allowed in this area. . . ."

[3] The Final Report, p. 9, casts a cloud of suspicion over the entire group by saying that "while it was believed that some were loyal, it was known that many were not." (Italics added.)

[4] Final Report, p. vii; see also pp. 9, 17. To the extent that assimilation is a problem, it is largely the result of certain social customs and laws of the American general public. Studies demonstrate that persons of Japanese descent are readily susceptible to integration in our society if given the opportunity. Strong, The Second-Generation Japanese Problem (1934); Smith, Americans in Process (1937); Mears, Resident Orientals on the American Pacific Coast (1928); Millis, The Japanese Problem in the United States (1942). The failure to accomplish an ideal status of assimilation, therefore, cannot be charged to the refusal of these persons to become Americanized or to their loyalty to Japan. And the retention by some persons of certain customs and religious practices of their ancestors is no criterion of their loyalty to the United States.

[5] Final Report, pp. 10-11. No sinister correlation between the emperor worshipping activities and disloyalty to America was shown.

[6] Final Report, p. 22. The charge of "dual citizenship" springs from a misunderstanding of the simple fact that Japan in the past used the doctrine of jus sanguinis, as she had a right to do under international law, and claimed as her citizens all persons born of Japanese nationals wherever located. Japan has greatly modified this doctrine, however, by allowing all Japanese born in the United States to renounce any claim of dual citizenship and by releasing her claim as to all born in the United States after 1925. See Freeman, "Genesis, Exodus, and Leviticus: Genealogy, Evacuation, and Law," 28 Cornell L.Q. 414, 447-8, and authorities there cited; McWilliams, Prejudice, 123-4 (1944).

[7] Final Report, pp. 12-13. We have had various foreign language schools in this country for generations without considering their existence as ground for racial discrimination. No subversive activities or teachings have been shown in connection with the Japanese schools. McWilliams, Prejudice, 121-3 (1944).

[8] Final Report, pp. 13-15. Such persons constitute a very small part of the entire group and most of them belong to the Kibei movement — the actions and membership of which are well known to our Government agents.

[9] Final Report, p. 10; see also pp. vii, 9, 15-17. This insinuation, based purely upon speculation and circumstantial evidence, completely overlooks the fact that the main geographic pattern of Japanese population was fixed many years ago with reference to economic, social and soil conditions. Limited occupational outlets and social pressures encouraged their concentration near their initial points of entry on the Pacific Coast. That these points may now be near certain strategic military and industrial areas is no proof of a diabolical purpose on the part of Japanese Americans. See McWilliams, Prejudice, 119-121 (1944); House Report No. 2124 (77th Cong., 2d Sess.), 59-93.

[10] Final Report, pp. 8-9. This dangerous doctrine of protective custody, as proved by recent European history, should have absolutely no standing as an excuse for the deprivation of the rights of minority groups. See House Report No. 1911 (77th Cong., 2d Sess.) 1-2. Cf. House Report No. 2124 (77th Cong., 2d Sess.) 145-7. In this instance, moreover, there are only two minor instances of violence on record involving persons of Japanese ancestry. McWilliams, What About Our Japanese-Americans? Public Affairs Pamphlets, No. 91, p. 8 (1944).

[11] Final Report, p. 18. One of these incidents (the reputed dropping of incendiary bombs on an Oregon forest) occurred on Sept. 9, 1942 — a considerable time after the Japanese Americans had been evacuated from their homes and placed in Assembly Centers. See New York Times, Sept. 15, 1942, p. 1, col. 3.

[12] Special interest groups were extremely active in applying pressure for mass evacuation. See House Report No. 2124 (77th Cong., 2d Sess.) 154-6; McWilliams, Prejudice, 126-8 (1944). Mr. Austin E. Anson, managing secretary of the Salinas Vegetable Grower-Shipper Association, has frankly admitted that "We're charged with wanting to get rid of the Japs for selfish reasons.. . . We do. It's a question of whether the white man lives on the Pacific Coast or the brown men. They came into this valley to work, and they stayed to take over. . . . They undersell the white man in the markets. . . . They work their women and children while the white farmer has to pay wages for his help. If all the Japs were removed tomorrow, we'd never miss them in two weeks, because the white farmers can take over and produce everything the Jap grows. And we don't want them back when the war ends, either." Quoted by Taylor in his article "The People Nobody Wants," 214 Sat. Eve. Post 24, 66 (May 9, 1942).

[13] See notes 4-12, supra.

[14] Final Report, p. vii; see also p. 18.

[15] The Final Report, p. 34, makes the amazing statement that as of February 14, 1942, "The very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken." Apparently, in the minds of the military leaders, there was no way that the Japanese Americans could escape the suspicion of sabotage.

[16] During a period of six months, the 112 alien tribunals or hearing boards set up by the British Government shortly after the outbreak of the present war summoned and examined approximately 74,000 German and Austrian aliens. These tribunals determined whether each individual enemy alien was a real enemy of the Allies or only a "friendly enemy." About 64,000 were freed from internment and from any special restrictions, and only 2,000 were interned. Kempner, "The Enemy Alien Problem in the Present War," 34 Amer. Journ. of Int. Law 443, 444-46; House Report No. 2124 (77th Cong., 2d Sess.), 280-1.

[1] Nature of the Judicial Process, p. 51.

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text: all

text: such

text: restrictions

text: are

text: unconstitutional

text: It

text: is

text: to

text: say

text: that

text: courts

text: must

text: subject

text: them

text: to

text: the

text: most

text: rigid

text: scrutiny

text: Pressing

text: public

text: necessity

text: may

text: sometimes

text: justify

text: the

text: existence

text: of

text: such

text: restrictions

text: racial

text: antagonism

text: never

text: can

text: In

text: the

text: instant

text: case

text: prosecution

text: of

text: the

text: petitioner

text: was

text: begun

text: by

text: information

text: charging

text: violation

text: of

text: an

text: Act

text: of

text: Congress

text: of

text: March

text: Stat

text: which

text: provides

text: that

text: whoever

text: shall

text: enter

text: remain

text: in

text: leave

text: or

text: commit

text: any

text: act

text: in

text: any

text: military

text: area

text: or

text: military

text: zone

text: prescribed

text: under

text: the

text: authority

text: of

text: an

text: Executive

text: order

text: of

text: the

text: President

text: by

text: the

text: Secretary

text: of

text: War

text: or

text: by

text: any

text: military

text: commander

text: designated

text: by

text: the

text: Secretary

text: of

text: War

text: contrary

text: to

text: the

text: restrictions

text: applicable

text: to

text: any

text: such

text: area

text: or

text: zone

text: or

text: contrary

text: to

text: the

text: order

text: of

text: the

text: Secretary

text: of

text: War

text: or

text: any

text: such

text: military

text: commander

text: shall

text: if

text: it

text: appears

text: that

text: he

text: knew

text: or

text: should

text: have

text: known

text: of

text: the

text: existence

text: and

text: extent

text: of

text: the

text: restrictions

text: or

text: order

text: and

text: that

text: his

text: act

text: was

text: in

text: violation

text: thereof

text: be

text: guilty

text: of

text: a

text: misdemeanor

text: and

text: upon

text: conviction

text: shall

text: be

text: liable

text: to

text: a

text: fine

text: of

text: not

text: to

text: exceed

text: or

text: to

text: imprisonment

text: for

text: not

text: more

text: than

text: one

text: year

text: or

text: both

text: for

text: each

text: offense

text: Exclusion

text: Order

text: No

text: which

text: the

text: petitioner

text: knowingly

text: and

text: admittedly

text: violated

text: was

text: one

text: of

text: a

text: number

text: of

text: military

text: orders

text: and

text: proclamations

text: all

text: of

text: which

text: were

text: substantially

text: based

text: upon

text: Executive

text: Order

text: No

text: Fed

text: Reg

text: That

text: order

text: issued

text: after

text: we

text: were

text: at

text: war

text: with

text: Japan

text: declared

text: that

text: the

text: successful

text: prosecution

text: of

text: the

text: war

text: requires

text: every

text: possible

text: protection

text: against

text: espionage

text: and

text: against

text: sabotage

text: to

text: national

text: defense

text: material

text: national

text: defense

text: premises

text: and

text: national

text: defense

text: utilities

text: One

text: of

text: the

text: series

text: of

text: orders

text: and

text: proclamations

text: a

text: curfew

text: order

text: which

text: like

text: the

text: exclusion

text: order

text: here

text: was

text: promulgated

text: pursuant

text: to

text: Executive

text: Order

text: subjected

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: in

text: prescribed

text: West

text: Coast

text: military

text: areas

text: to

text: remain

text: in

text: their

text: residences

text: from

text: p

text: m

text: to

text: a

text: m

text: As

text: is

text: the

text: case

text: with

text: the

text: exclusion

text: order

text: here

text: that

text: prior

text: curfew

text: order

text: was

text: designed

text: as

text: a

text: protection

text: against

text: espionage

text: and

text: against

text: sabotage

text: In

text: Hirabayashi

text: v

text: United

text: States

text: U

text: S

text: we

text: sustained

text: a

text: conviction

text: obtained

text: for

text: violation

text: of

text: the

text: curfew

text: order

text: The

text: Hirabayashi

text: conviction

text: and

text: this

text: one

text: thus

text: rest

text: on

text: the

text: same

text: Congressional

text: Act

text: and

text: the

text: same

text: basic

text: executive

text: and

text: military

text: orders

text: all

text: of

text: which

text: orders

text: were

text: aimed

text: at

text: the

text: twin

text: dangers

text: of

text: espionage

text: and

text: sabotage

text: The

text: Act

text: was

text: attacked

text: in

text: the

text: Hirabayashi

text: case

text: as

text: an

text: unconstitutional

text: delegation

text: of

text: power

text: it

text: was

text: contended

text: that

text: the

text: curfew

text: order

text: and

text: other

text: orders

text: on

text: which

text: it

text: rested

text: were

text: beyond

text: the

text: war

text: powers

text: of

text: the

text: Congress

text: the

text: military

text: authorities

text: and

text: of

text: the

text: President

text: as

text: Commander

text: in

text: Chief

text: of

text: the

text: Army

text: and

text: finally

text: that

text: to

text: apply

text: the

text: curfew

text: order

text: against

text: but

text: citizens

text: of

text: Japanese

text: ancestry

text: amounted

text: to

text: a

text: constitutionally

text: prohibited

text: discrimination

text: solely

text: on

text: account

text: of

text: race

text: To

text: these

text: questions

text: we

text: gave

text: the

text: serious

text: consideration

text: which

text: their

text: importance

text: justified

text: We

text: upheld

text: the

text: curfew

text: order

text: as

text: an

text: exercise

text: of

text: the

text: power

text: of

text: the

text: government

text: to

text: take

text: steps

text: necessary

text: to

text: prevent

text: espionage

text: and

text: sabotage

text: in

text: an

text: area

text: threatened

text: by

text: Japanese

text: attack

text: In

text: the

text: light

text: of

text: the

text: principles

text: we

text: announced

text: in

text: the

text: Hirabayashi

text: case

text: we

text: are

text: unable

text: to

text: conclude

text: that

text: it

text: was

text: beyond

text: the

text: war

text: power

text: of

text: Congress

text: and

text: the

text: Executive

text: to

text: exclude

text: those

text: of

text: Japanese

text: ancestry

text: from

text: the

text: West

text: Coast

text: war

text: area

text: at

text: the

text: time

text: they

text: did

text: True

text: exclusion

text: from

text: the

text: area

text: in

text: which

text: one

text: s

text: home

text: is

text: located

text: is

text: a

text: far

text: greater

text: deprivation

text: than

text: constant

text: confinement

text: to

text: the

text: home

text: from

text: p

text: m

text: to

text: a

text: m

text: Nothing

text: short

text: of

text: apprehension

text: by

text: the

text: proper

text: military

text: authorities

text: of

text: the

text: gravest

text: imminent

text: danger

text: to

text: the

text: public

text: safety

text: can

text: constitutionally

text: justify

text: either

text: But

text: exclusion

text: from

text: a

text: threatened

text: area

text: no

text: less

text: than

text: curfew

text: has

text: a

text: definite

text: and

text: close

text: relationship

text: to

text: the

text: prevention

text: of

text: espionage

text: and

text: sabotage

text: The

text: military

text: authorities

text: charged

text: with

text: the

text: primary

text: responsibility

text: of

text: defending

text: our

text: shores

text: concluded

text: that

text: curfew

text: provided

text: inadequate

text: protection

text: and

text: ordered

text: exclusion

text: They

text: did

text: so

text: as

text: pointed

text: out

text: in

text: our

text: Hirabayashi

text: opinion

text: in

text: accordance

text: with

text: Congressional

text: authority

text: to

text: the

text: military

text: to

text: say

text: who

text: should

text: and

text: who

text: should

text: not

text: remain

text: in

text: the

text: threatened

text: areas

text: In

text: this

text: case

text: the

text: petitioner

text: challenges

text: the

text: assumptions

text: upon

text: which

text: we

text: rested

text: our

text: conclusions

text: in

text: the

text: Hirabayashi

text: case

text: He

text: also

text: urges

text: that

text: by

text: May

text: when

text: Order

text: No

text: was

text: promulgated

text: all

text: danger

text: of

text: Japanese

text: invasion

text: of

text: the

text: West

text: Coast

text: had

text: disappeared

text: After

text: careful

text: consideration

text: of

text: these

text: contentions

text: we

text: are

text: compelled

text: to

text: reject

text: them

text: Here

text: as

text: in

text: the

text: Hirabayashi

text: case

text: supra

text: at

text: p

text: we

text: cannot

text: reject

text: as

text: unfounded

text: the

text: judgment

text: of

text: the

text: military

text: authorities

text: and

text: of

text: Congress

text: that

text: there

text: were

text: disloyal

text: members

text: of

text: that

text: population

text: whose

text: number

text: and

text: strength

text: could

text: not

text: be

text: precisely

text: and

text: quickly

text: ascertained

text: We

text: cannot

text: say

text: that

text: the

text: war

text: making

text: branches

text: of

text: the

text: Government

text: did

text: not

text: have

text: ground

text: for

text: believing

text: that

text: in

text: a

text: critical

text: hour

text: such

text: persons

text: could

text: not

text: readily

text: be

text: isolated

text: and

text: separately

text: dealt

text: with

text: and

text: constituted

text: a

text: menace

text: to

text: the

text: national

text: defense

text: and

text: safety

text: which

text: demanded

text: that

text: prompt

text: and

text: adequate

text: measures

text: be

text: taken

text: to

text: guard

text: against

text: it

text: Like

text: curfew

text: exclusion

text: of

text: those

text: of

text: Japanese

text: origin

text: was

text: deemed

text: necessary

text: because

text: of

text: the

text: presence

text: of

text: an

text: unascertained

text: number

text: of

text: disloyal

text: members

text: of

text: the

text: group

text: most

text: of

text: whom

text: we

text: have

text: no

text: doubt

text: were

text: loyal

text: to

text: this

text: country

text: It

text: was

text: because

text: we

text: could

text: not

text: reject

text: the

text: finding

text: of

text: the

text: military

text: authorities

text: that

text: it

text: was

text: impossible

text: to

text: bring

text: about

text: an

text: immediate

text: segregation

text: of

text: the

text: disloyal

text: from

text: the

text: loyal

text: that

text: we

text: sustained

text: the

text: validity

text: of

text: the

text: curfew

text: order

text: as

text: applying

text: to

text: the

text: whole

text: group

text: In

text: the

text: instant

text: case

text: temporary

text: exclusion

text: of

text: the

text: entire

text: group

text: was

text: rested

text: by

text: the

text: military

text: on

text: the

text: same

text: ground

text: The

text: judgment

text: that

text: exclusion

text: of

text: the

text: whole

text: group

text: was

text: for

text: the

text: same

text: reason

text: a

text: military

text: imperative

text: answers

text: the

text: contention

text: that

text: the

text: exclusion

text: was

text: in

text: the

text: nature

text: of

text: group

text: punishment

text: based

text: on

text: antagonism

text: to

text: those

text: of

text: Japanese

text: origin

text: That

text: there

text: were

text: members

text: of

text: the

text: group

text: who

text: retained

text: loyalties

text: to

text: Japan

text: has

text: been

text: confirmed

text: by

text: investigations

text: made

text: subsequent

text: to

text: the

text: exclusion

text: Approximately

text: five

text: thousand

text: American

text: citizens

text: of

text: Japanese

text: ancestry

text: refused

text: to

text: swear

text: unqualified

text: allegiance

text: to

text: the

text: United

text: States

text: and

text: to

text: renounce

text: allegiance

text: to

text: the

text: Japanese

text: Emperor

text: and

text: several

text: thousand

text: evacuees

text: requested

text: repatriation

text: to

text: Japan

text: We

text: uphold

text: the

text: exclusion

text: order

text: as

text: of

text: the

text: time

text: it

text: was

text: made

text: and

text: when

text: the

text: petitioner

text: violated

text: it

text: Cf

text: Chastleton

text: Corporation

text: v

text: Sinclair

text: U

text: S

text: Block

text: v

text: Hirsh

text: U

text: S

text: In

text: doing

text: so

text: we

text: are

text: not

text: unmindful

text: of

text: the

text: hardships

text: imposed

text: by

text: it

text: upon

text: a

text: large

text: group

text: of

text: American

text: citizens

text: Cf

text: Ex

text: parte

text: Kawato

text: U

text: S

text: But

text: hardships

text: are

text: part

text: of

text: war

text: and

text: war

text: is

text: an

text: aggregation

text: of

text: hardships

text: All

text: citizens

text: alike

text: both

text: in

text: and

text: out

text: of

text: uniform

text: feel

text: the

text: impact

text: of

text: war

text: in

text: greater

text: or

text: lesser

text: measure

text: Citizenship

text: has

text: its

text: responsibilities

text: as

text: well

text: as

text: its

text: privileges

text: and

text: in

text: time

text: of

text: war

text: the

text: burden

text: is

text: always

text: heavier

text: Compulsory

text: exclusion

text: of

text: large

text: groups

text: of

text: citizens

text: from

text: their

text: homes

text: except

text: under

text: circumstances

text: of

text: direct

text: emergency

text: and

text: peril

text: is

text: inconsistent

text: with

text: our

text: basic

text: governmental

text: institutions

text: But

text: when

text: under

text: conditions

text: of

text: modern

text: warfare

text: our

text: shores

text: are

text: threatened

text: by

text: hostile

text: forces

text: the

text: power

text: to

text: protect

text: must

text: be

text: commensurate

text: with

text: the

text: threatened

text: danger

text: It

text: is

text: argued

text: that

text: on

text: May

text: the

text: date

text: the

text: petitioner

text: was

text: charged

text: with

text: remaining

text: in

text: the

text: prohibited

text: area

text: there

text: were

text: conflicting

text: orders

text: outstanding

text: forbidding

text: him

text: both

text: to

text: leave

text: the

text: area

text: and

text: to

text: remain

text: there

text: Of

text: course

text: a

text: person

text: cannot

text: be

text: convicted

text: for

text: doing

text: the

text: very

text: thing

text: which

text: it

text: is

text: a

text: crime

text: to

text: fail

text: to

text: do

text: But

text: the

text: outstanding

text: orders

text: here

text: contained

text: no

text: such

text: contradictory

text: commands

text: There

text: was

text: an

text: order

text: issued

text: March

text: which

text: prohibited

text: petitioner

text: and

text: others

text: of

text: Japanese

text: ancestry

text: from

text: leaving

text: the

text: area

text: but

text: its

text: effect

text: was

text: specifically

text: limited

text: in

text: time

text: until

text: and

text: to

text: the

text: extent

text: that

text: a

text: future

text: proclamation

text: or

text: order

text: should

text: so

text: permit

text: or

text: direct

text: Fed

text: Reg

text: That

text: future

text: order

text: the

text: one

text: for

text: violation

text: of

text: which

text: petitioner

text: was

text: convicted

text: was

text: issued

text: May

text: and

text: it

text: did

text: direct

text: exclusion

text: from

text: the

text: area

text: of

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: before

text: o

text: clock

text: noon

text: May

text: furthermore

text: it

text: contained

text: a

text: warning

text: that

text: all

text: such

text: persons

text: found

text: in

text: the

text: prohibited

text: area

text: would

text: be

text: liable

text: to

text: punishment

text: under

text: the

text: March

text: Act

text: of

text: Congress

text: Consequently

text: the

text: only

text: order

text: in

text: effect

text: touching

text: the

text: petitioner

text: s

text: being

text: in

text: the

text: area

text: on

text: May

text: the

text: date

text: specified

text: in

text: the

text: information

text: against

text: him

text: was

text: the

text: May

text: order

text: which

text: prohibited

text: his

text: remaining

text: there

text: and

text: it

text: was

text: that

text: same

text: order

text: which

text: he

text: stipulated

text: in

text: his

text: trial

text: that

text: he

text: had

text: violated

text: knowing

text: of

text: its

text: existence

text: There

text: is

text: therefore

text: no

text: basis

text: for

text: the

text: argument

text: that

text: on

text: May

text: he

text: was

text: subject

text: to

text: punishment

text: under

text: the

text: March

text: and

text: May

text: orders

text: whether

text: he

text: remained

text: in

text: or

text: left

text: the

text: area

text: It

text: does

text: appear

text: however

text: that

text: on

text: May

text: the

text: effective

text: date

text: of

text: the

text: exclusion

text: order

text: the

text: military

text: authorities

text: had

text: already

text: determined

text: that

text: the

text: evacuation

text: should

text: be

text: effected

text: by

text: assembling

text: together

text: and

text: placing

text: under

text: guard

text: all

text: those

text: of

text: Japanese

text: ancestry

text: at

text: central

text: points

text: designated

text: as

text: assembly

text: centers

text: in

text: order

text: to

text: insure

text: the

text: orderly

text: evacuation

text: and

text: resettlement

text: of

text: Japanese

text: voluntarily

text: migrating

text: from

text: Military

text: Area

text: No

text: to

text: restrict

text: and

text: regulate

text: such

text: migration

text: Public

text: Proclamation

text: No

text: Fed

text: Reg

text: And

text: on

text: May

text: eleven

text: days

text: before

text: the

text: time

text: petitioner

text: was

text: charged

text: with

text: unlawfully

text: remaining

text: in

text: the

text: area

text: Civilian

text: Restrictive

text: Order

text: No

text: Fed

text: Reg

text: provided

text: for

text: detention

text: of

text: those

text: of

text: Japanese

text: ancestry

text: in

text: assembly

text: or

text: relocation

text: centers

text: It

text: is

text: now

text: argued

text: that

text: the

text: validity

text: of

text: the

text: exclusion

text: order

text: cannot

text: be

text: considered

text: apart

text: from

text: the

text: orders

text: requiring

text: him

text: after

text: departure

text: from

text: the

text: area

text: to

text: report

text: and

text: to

text: remain

text: in

text: an

text: assembly

text: or

text: relocation

text: center

text: The

text: contention

text: is

text: that

text: we

text: must

text: treat

text: these

text: separate

text: orders

text: as

text: one

text: and

text: inseparable

text: that

text: for

text: this

text: reason

text: if

text: detention

text: in

text: the

text: assembly

text: or

text: relocation

text: center

text: would

text: have

text: illegally

text: deprived

text: the

text: petitioner

text: of

text: his

text: liberty

text: the

text: exclusion

text: order

text: and

text: his

text: conviction

text: under

text: it

text: cannot

text: stand

text: We

text: are

text: thus

text: being

text: asked

text: to

text: pass

text: at

text: this

text: time

text: upon

text: the

text: whole

text: subsequent

text: detention

text: program

text: in

text: both

text: assembly

text: and

text: relocation

text: centers

text: although

text: the

text: only

text: issues

text: framed

text: at

text: the

text: trial

text: related

text: to

text: petitioner

text: s

text: remaining

text: in

text: the

text: prohibited

text: area

text: in

text: violation

text: of

text: the

text: exclusion

text: order

text: Had

text: petitioner

text: here

text: left

text: the

text: prohibited

text: area

text: and

text: gone

text: to

text: an

text: assembly

text: center

text: we

text: cannot

text: say

text: either

text: as

text: a

text: matter

text: of

text: fact

text: or

text: law

text: that

text: his

text: presence

text: in

text: that

text: center

text: would

text: have

text: resulted

text: in

text: his

text: detention

text: in

text: a

text: relocation

text: center

text: Some

text: who

text: did

text: report

text: to

text: the

text: assembly

text: center

text: were

text: not

text: sent

text: to

text: relocation

text: centers

text: but

text: were

text: released

text: upon

text: condition

text: that

text: they

text: remain

text: outside

text: the

text: prohibited

text: zone

text: until

text: the

text: military

text: orders

text: were

text: modified

text: or

text: lifted

text: This

text: illustrates

text: that

text: they

text: pose

text: different

text: problems

text: and

text: may

text: be

text: governed

text: by

text: different

text: principles

text: The

text: lawfulness

text: of

text: one

text: does

text: not

text: necessarily

text: determine

text: the

text: lawfulness

text: of

text: the

text: others

text: This

text: is

text: made

text: clear

text: when

text: we

text: analyze

text: the

text: requirements

text: of

text: the

text: separate

text: provisions

text: of

text: the

text: separate

text: orders

text: These

text: separate

text: requirements

text: were

text: that

text: those

text: of

text: Japanese

text: ancestry

text: depart

text: from

text: the

text: area

text: report

text: to

text: and

text: temporarily

text: remain

text: in

text: an

text: assembly

text: center

text: go

text: under

text: military

text: control

text: to

text: a

text: relocation

text: center

text: there

text: to

text: remain

text: for

text: an

text: indeterminate

text: period

text: until

text: released

text: conditionally

text: or

text: unconditionally

text: by

text: the

text: military

text: authorities

text: Each

text: of

text: these

text: requirements

text: it

text: will

text: be

text: noted

text: imposed

text: distinct

text: duties

text: in

text: connection

text: with

text: the

text: separate

text: steps

text: in

text: a

text: complete

text: evacuation

text: program

text: Had

text: Congress

text: directly

text: incorporated

text: into

text: one

text: Act

text: the

text: language

text: of

text: these

text: separate

text: orders

text: and

text: provided

text: sanctions

text: for

text: their

text: violations

text: disobedience

text: of

text: any

text: one

text: would

text: have

text: constituted

text: a

text: separate

text: offense

text: Cf

text: Blockburger

text: v

text: United

text: States

text: U

text: S

text: There

text: is

text: no

text: reason

text: why

text: violations

text: of

text: these

text: orders

text: insofar

text: as

text: they

text: were

text: promulgated

text: pursuant

text: to

text: Congressional

text: enactment

text: should

text: not

text: be

text: treated

text: as

text: separate

text: offenses

text: The

text: Endo

text: case

text: post

text: p

text: graphically

text: illustrates

text: the

text: difference

text: between

text: the

text: validity

text: of

text: an

text: order

text: to

text: exclude

text: and

text: the

text: validity

text: of

text: a

text: detention

text: order

text: after

text: exclusion

text: has

text: been

text: effected

text: Since

text: the

text: petitioner

text: has

text: not

text: been

text: convicted

text: of

text: failing

text: to

text: report

text: or

text: to

text: remain

text: in

text: an

text: assembly

text: or

text: relocation

text: center

text: we

text: cannot

text: in

text: this

text: case

text: determine

text: the

text: validity

text: of

text: those

text: separate

text: provisions

text: of

text: the

text: order

text: It

text: is

text: sufficient

text: here

text: for

text: us

text: to

text: pass

text: upon

text: the

text: order

text: which

text: petitioner

text: violated

text: To

text: do

text: more

text: would

text: be

text: to

text: go

text: beyond

text: the

text: issues

text: raised

text: and

text: to

text: decide

text: momentous

text: questions

text: not

text: contained

text: within

text: the

text: framework

text: of

text: the

text: pleadings

text: or

text: the

text: evidence

text: in

text: this

text: case

text: It

text: will

text: be

text: time

text: enough

text: to

text: decide

text: the

text: serious

text: constitutional

text: issues

text: which

text: petitioner

text: seeks

text: to

text: raise

text: when

text: an

text: assembly

text: or

text: relocation

text: order

text: is

text: applied

text: or

text: is

text: certain

text: to

text: be

text: applied

text: to

text: him

text: and

text: we

text: have

text: its

text: terms

text: before

text: us

text: Some

text: of

text: the

text: members

text: of

text: the

text: Court

text: are

text: of

text: the

text: view

text: that

text: evacuation

text: and

text: detention

text: in

text: an

text: Assembly

text: Center

text: were

text: inseparable

text: After

text: May

text: the

text: date

text: of

text: Exclusion

text: Order

text: No

text: Korematsu

text: was

text: under

text: compulsion

text: to

text: leave

text: the

text: area

text: not

text: as

text: he

text: would

text: choose

text: but

text: via

text: an

text: Assembly

text: Center

text: The

text: Assembly

text: Center

text: was

text: conceived

text: as

text: a

text: part

text: of

text: the

text: machinery

text: for

text: group

text: evacuation

text: The

text: power

text: to

text: exclude

text: includes

text: the

text: power

text: to

text: do

text: it

text: by

text: force

text: if

text: necessary

text: And

text: any

text: forcible

text: measure

text: must

text: necessarily

text: entail

text: some

text: degree

text: of

text: detention

text: or

text: restraint

text: whatever

text: method

text: of

text: removal

text: is

text: selected

text: But

text: whichever

text: view

text: is

text: taken

text: it

text: results

text: in

text: holding

text: that

text: the

text: order

text: under

text: which

text: petitioner

text: was

text: convicted

text: was

text: valid

text: It

text: is

text: said

text: that

text: we

text: are

text: dealing

text: here

text: with

text: the

text: case

text: of

text: imprisonment

text: of

text: a

text: citizen

text: in

text: a

text: concentration

text: camp

text: solely

text: because

text: of

text: his

text: ancestry

text: without

text: evidence

text: or

text: inquiry

text: concerning

text: his

text: loyalty

text: and

text: good

text: disposition

text: towards

text: the

text: United

text: States

text: Our

text: task

text: would

text: be

text: simple

text: our

text: duty

text: clear

text: were

text: this

text: a

text: case

text: involving

text: the

text: imprisonment

text: of

text: a

text: loyal

text: citizen

text: in

text: a

text: concentration

text: camp

text: because

text: of

text: racial

text: prejudice

text: Regardless

text: of

text: the

text: true

text: nature

text: of

text: the

text: assembly

text: and

text: relocation

text: centers

text: and

text: we

text: deem

text: it

text: unjustifiable

text: to

text: call

text: them

text: concentration

text: camps

text: with

text: all

text: the

text: ugly

text: connotations

text: that

text: term

text: implies

text: we

text: are

text: dealing

text: specifically

text: with

text: nothing

text: but

text: an

text: exclusion

text: order

text: To

text: cast

text: this

text: case

text: into

text: outlines

text: of

text: racial

text: prejudice

text: without

text: reference

text: to

text: the

text: real

text: military

text: dangers

text: which

text: were

text: presented

text: merely

text: confuses

text: the

text: issue

text: Korematsu

text: was

text: not

text: excluded

text: from

text: the

text: Military

text: Area

text: because

text: of

text: hostility

text: to

text: him

text: or

text: his

text: race

text: He

text: was

text: excluded

text: because

text: we

text: are

text: at

text: war

text: with

text: the

text: Japanese

text: Empire

text: because

text: the

text: properly

text: constituted

text: military

text: authorities

text: feared

text: an

text: invasion

text: of

text: our

text: West

text: Coast

text: and

text: felt

text: constrained

text: to

text: take

text: proper

text: security

text: measures

text: because

text: they

text: decided

text: that

text: the

text: military

text: urgency

text: of

text: the

text: situation

text: demanded

text: that

text: all

text: citizens

text: of

text: Japanese

text: ancestry

text: be

text: segregated

text: from

text: the

text: West

text: Coast

text: temporarily

text: and

text: finally

text: because

text: Congress

text: reposing

text: its

text: confidence

text: in

text: this

text: time

text: of

text: war

text: in

text: our

text: military

text: leaders

text: as

text: inevitably

text: it

text: must

text: determined

text: that

text: they

text: should

text: have

text: the

text: power

text: to

text: do

text: just

text: this

text: There

text: was

text: evidence

text: of

text: disloyalty

text: on

text: the

text: part

text: of

text: some

text: the

text: military

text: authorities

text: considered

text: that

text: the

text: need

text: for

text: action

text: was

text: great

text: and

text: time

text: was

text: short

text: We

text: cannot

text: by

text: availing

text: ourselves

text: of

text: the

text: calm

text: perspective

text: of

text: hindsight

text: now

text: say

text: that

text: at

text: that

text: time

text: these

text: actions

text: were

text: unjustified

text: Affirmed

text: MR

text: JUSTICE

text: FRANKFURTER

text: concurring

text: According

text: to

text: my

text: reading

text: of

text: Civilian

text: Exclusion

text: Order

text: No

text: it

text: was

text: an

text: offense

text: for

text: Korematsu

text: to

text: be

text: found

text: in

text: Military

text: Area

text: No

text: the

text: territory

text: wherein

text: he

text: was

text: previously

text: living

text: except

text: within

text: the

text: bounds

text: of

text: the

text: established

text: Assembly

text: Center

text: of

text: that

text: area

text: Even

text: though

text: the

text: various

text: orders

text: issued

text: by

text: General

text: DeWitt

text: be

text: deemed

text: a

text: comprehensive

text: code

text: of

text: instructions

text: their

text: tenor

text: is

text: clear

text: and

text: not

text: contradictory

text: They

text: put

text: upon

text: Korematsu

text: the

text: obligation

text: to

text: leave

text: Military

text: Area

text: No

text: but

text: only

text: by

text: the

text: method

text: prescribed

text: in

text: the

text: instructions

text: i

text: e

text: by

text: reporting

text: to

text: the

text: Assembly

text: Center

text: I

text: am

text: unable

text: to

text: see

text: how

text: the

text: legal

text: considerations

text: that

text: led

text: to

text: the

text: decision

text: in

text: Hirabayashi

text: v

text: United

text: States

text: U

text: S

text: fail

text: to

text: sustain

text: the

text: military

text: order

text: which

text: made

text: the

text: conduct

text: now

text: in

text: controversy

text: a

text: crime

text: And

text: so

text: I

text: join

text: in

text: the

text: opinion

text: of

text: the

text: Court

text: but

text: should

text: like

text: to

text: add

text: a

text: few

text: words

text: of

text: my

text: own

text: The

text: provisions

text: of

text: the

text: Constitution

text: which

text: confer

text: on

text: the

text: Congress

text: and

text: the

text: President

text: powers

text: to

text: enable

text: this

text: country

text: to

text: wage

text: war

text: are

text: as

text: much

text: part

text: of

text: the

text: Constitution

text: as

text: provisions

text: looking

text: to

text: a

text: nation

text: at

text: peace

text: And

text: we

text: have

text: had

text: recent

text: occasion

text: to

text: quote

text: approvingly

text: the

text: statement

text: of

text: former

text: Chief

text: Justice

text: Hughes

text: that

text: the

text: war

text: power

text: of

text: the

text: Government

text: is

text: the

text: power

text: to

text: wage

text: war

text: successfully

text: Hirabayashi

text: v

text: United

text: States

text: supra

text: at

text: and

text: see

text: Home

text: Bldg

text: L

text: Assn

text: v

text: Blaisdell

text: U

text: S

text: Therefore

text: the

text: validity

text: of

text: action

text: under

text: the

text: war

text: power

text: must

text: be

text: judged

text: wholly

text: in

text: the

text: context

text: of

text: war

text: That

text: action

text: is

text: not

text: to

text: be

text: stigmatized

text: as

text: lawless

text: because

text: like

text: action

text: in

text: times

text: of

text: peace

text: would

text: be

text: lawless

text: To

text: talk

text: about

text: a

text: military

text: order

text: that

text: expresses

text: an

text: allowable

text: judgment

text: of

text: war

text: needs

text: by

text: those

text: entrusted

text: with

text: the

text: duty

text: of

text: conducting

text: war

text: as

text: an

text: unconstitutional

text: order

text: is

text: to

text: suffuse

text: a

text: part

text: of

text: the

text: Constitution

text: with

text: an

text: atmosphere

text: of

text: unconstitutionality

text: The

text: respective

text: spheres

text: of

text: action

text: of

text: military

text: authorities

text: and

text: of

text: judges

text: are

text: of

text: course

text: very

text: different

text: But

text: within

text: their

text: sphere

text: military

text: authorities

text: are

text: no

text: more

text: outside

text: the

text: bounds

text: of

text: obedience

text: to

text: the

text: Constitution

text: than

text: are

text: judges

text: within

text: theirs

text: The

text: war

text: power

text: of

text: the

text: United

text: States

text: like

text: its

text: other

text: powers

text: is

text: subject

text: to

text: applicable

text: constitutional

text: limitations

text: Hamilton

text: v

text: Kentucky

text: Distilleries

text: Co

text: U

text: S

text: To

text: recognize

text: that

text: military

text: orders

text: are

text: reasonably

text: expedient

text: military

text: precautions

text: in

text: time

text: of

text: war

text: and

text: yet

text: to

text: deny

text: them

text: constitutional

text: legitimacy

text: makes

text: of

text: the

text: Constitution

text: an

text: instrument

text: for

text: dialectic

text: subleties

text: not

text: reasonably

text: to

text: be

text: attributed

text: to

text: the

text: hard

text: headed

text: Framers

text: of

text: whom

text: a

text: majority

text: had

text: had

text: actual

text: participation

text: in

text: war

text: If

text: a

text: military

text: order

text: such

text: as

text: that

text: under

text: review

text: does

text: not

text: transcend

text: the

text: means

text: appropriate

text: for

text: conducting

text: war

text: such

text: action

text: by

text: the

text: military

text: is

text: as

text: constitutional

text: as

text: would

text: be

text: any

text: authorized

text: action

text: by

text: the

text: Interstate

text: Commerce

text: Commission

text: within

text: the

text: limits

text: of

text: the

text: constitutional

text: power

text: to

text: regulate

text: commerce

text: And

text: being

text: an

text: exercise

text: of

text: the

text: war

text: power

text: explicitly

text: granted

text: by

text: the

text: Constitution

text: for

text: safeguarding

text: the

text: national

text: life

text: by

text: prosecuting

text: war

text: effectively

text: I

text: find

text: nothing

text: in

text: the

text: Constitution

text: which

text: denies

text: to

text: Congress

text: the

text: power

text: to

text: enforce

text: such

text: a

text: valid

text: military

text: order

text: by

text: making

text: its

text: violation

text: an

text: offense

text: triable

text: in

text: the

text: civil

text: courts

text: Compare

text: Interstate

text: Commerce

text: Commission

text: v

text: Brimson

text: U

text: S

text: U

text: S

text: and

text: Monongahela

text: Bridge

text: Co

text: v

text: United

text: States

text: U

text: S

text: To

text: find

text: that

text: the

text: Constitution

text: does

text: not

text: forbid

text: the

text: military

text: measures

text: now

text: complained

text: of

text: does

text: not

text: carry

text: with

text: it

text: approval

text: of

text: that

text: which

text: Congress

text: and

text: the

text: Executive

text: did

text: That

text: is

text: their

text: business

text: not

text: ours

text: MR

text: JUSTICE

text: ROBERTS

text: I

text: dissent

text: because

text: I

text: think

text: the

text: indisputable

text: facts

text: exhibit

text: a

text: clear

text: violation

text: of

text: Constitutional

text: rights

text: This

text: is

text: not

text: a

text: case

text: of

text: keeping

text: people

text: off

text: the

text: streets

text: at

text: night

text: as

text: was

text: Hirabayashi

text: v

text: United

text: States

text: U

text: S

text: nor

text: a

text: case

text: of

text: temporary

text: exclusion

text: of

text: a

text: citizen

text: from

text: an

text: area

text: for

text: his

text: own

text: safety

text: or

text: that

text: of

text: the

text: community

text: nor

text: a

text: case

text: of

text: offering

text: him

text: an

text: opportunity

text: to

text: go

text: temporarily

text: out

text: of

text: an

text: area

text: where

text: his

text: presence

text: might

text: cause

text: danger

text: to

text: himself

text: or

text: to

text: his

text: fellows

text: On

text: the

text: contrary

text: it

text: is

text: the

text: case

text: of

text: convicting

text: a

text: citizen

text: as

text: a

text: punishment

text: for

text: not

text: submitting

text: to

text: imprisonment

text: in

text: a

text: concentration

text: camp

text: based

text: on

text: his

text: ancestry

text: and

text: solely

text: because

text: of

text: his

text: ancestry

text: without

text: evidence

text: or

text: inquiry

text: concerning

text: his

text: loyalty

text: and

text: good

text: disposition

text: towards

text: the

text: United

text: States

text: If

text: this

text: be

text: a

text: correct

text: statement

text: of

text: the

text: facts

text: disclosed

text: by

text: this

text: record

text: and

text: facts

text: of

text: which

text: we

text: take

text: judicial

text: notice

text: I

text: need

text: hardly

text: labor

text: the

text: conclusion

text: that

text: Constitutional

text: rights

text: have

text: been

text: violated

text: The

text: Government

text: s

text: argument

text: and

text: the

text: opinion

text: of

text: the

text: court

text: in

text: my

text: judgment

text: erroneously

text: divide

text: that

text: which

text: is

text: single

text: and

text: indivisible

text: and

text: thus

text: make

text: the

text: case

text: appear

text: as

text: if

text: the

text: petitioner

text: violated

text: a

text: Military

text: Order

text: sanctioned

text: by

text: Act

text: of

text: Congress

text: which

text: excluded

text: him

text: from

text: his

text: home

text: by

text: refusing

text: voluntarily

text: to

text: leave

text: and

text: so

text: knowingly

text: and

text: intentionally

text: defying

text: the

text: order

text: and

text: the

text: Act

text: of

text: Congress

text: The

text: petitioner

text: a

text: resident

text: of

text: San

text: Leandro

text: Alameda

text: County

text: California

text: is

text: a

text: native

text: of

text: the

text: United

text: States

text: of

text: Japanese

text: ancestry

text: who

text: according

text: to

text: the

text: uncontradicted

text: evidence

text: is

text: a

text: loyal

text: citizen

text: of

text: the

text: nation

text: A

text: chronological

text: recitation

text: of

text: events

text: will

text: make

text: it

text: plain

text: that

text: the

text: petitioner

text: s

text: supposed

text: offense

text: did

text: not

text: in

text: truth

text: consist

text: in

text: his

text: refusal

text: voluntarily

text: to

text: leave

text: the

text: area

text: which

text: included

text: his

text: home

text: in

text: obedience

text: to

text: the

text: order

text: excluding

text: him

text: therefrom

text: Critical

text: attention

text: must

text: be

text: given

text: to

text: the

text: dates

text: and

text: sequence

text: of

text: events

text: December

text: the

text: United

text: States

text: declared

text: war

text: on

text: Japan

text: February

text: the

text: President

text: issued

text: Executive

text: Order

text: No

text: which

text: after

text: stating

text: the

text: reason

text: for

text: issuing

text: the

text: order

text: as

text: protection

text: against

text: espionage

text: and

text: against

text: sabotage

text: to

text: national

text: defense

text: material

text: national

text: defense

text: premises

text: and

text: national

text: defense

text: utilities

text: provided

text: that

text: certain

text: Military

text: Commanders

text: might

text: in

text: their

text: discretion

text: prescribe

text: military

text: areas

text: and

text: define

text: their

text: extent

text: from

text: which

text: any

text: or

text: all

text: persons

text: may

text: be

text: excluded

text: and

text: with

text: respect

text: to

text: which

text: the

text: right

text: of

text: any

text: person

text: to

text: enter

text: remain

text: in

text: or

text: leave

text: shall

text: be

text: subject

text: to

text: whatever

text: restrictions

text: the

text: Military

text: Commander

text: may

text: impose

text: in

text: his

text: discretion

text: February

text: Lieutenant

text: General

text: DeWitt

text: was

text: designated

text: Military

text: Commander

text: of

text: the

text: Western

text: Defense

text: Command

text: embracing

text: the

text: westernmost

text: states

text: of

text: the

text: Union

text: about

text: one

text: fourth

text: of

text: the

text: total

text: area

text: of

text: the

text: nation

text: March

text: General

text: DeWitt

text: promulgated

text: Public

text: Proclamation

text: No

text: which

text: recites

text: that

text: the

text: entire

text: Pacific

text: Coast

text: is

text: particularly

text: subject

text: to

text: attack

text: to

text: attempted

text: invasion

text: and

text: in

text: connection

text: therewith

text: is

text: subject

text: to

text: espionage

text: and

text: acts

text: of

text: sabotage

text: It

text: states

text: that

text: as

text: a

text: matter

text: of

text: military

text: necessity

text: certain

text: military

text: areas

text: and

text: zones

text: are

text: established

text: known

text: as

text: Military

text: Areas

text: Nos

text: and

text: It

text: adds

text: that

text: Such

text: persons

text: or

text: classes

text: of

text: persons

text: as

text: the

text: situation

text: may

text: require

text: will

text: by

text: subsequent

text: orders

text: be

text: excluded

text: from

text: all

text: of

text: Military

text: Area

text: No

text: and

text: from

text: certain

text: zones

text: in

text: Military

text: Area

text: No

text: Subsequent

text: proclamations

text: were

text: made

text: which

text: together

text: with

text: Proclamation

text: No

text: included

text: in

text: such

text: areas

text: and

text: zones

text: all

text: of

text: California

text: Washington

text: Oregon

text: Idaho

text: Montana

text: Nevada

text: and

text: Utah

text: and

text: the

text: southern

text: portion

text: of

text: Arizona

text: The

text: orders

text: required

text: that

text: if

text: any

text: person

text: of

text: Japanese

text: German

text: or

text: Italian

text: ancestry

text: residing

text: in

text: Area

text: No

text: desired

text: to

text: change

text: his

text: habitual

text: residence

text: he

text: must

text: execute

text: and

text: deliver

text: to

text: the

text: authorities

text: a

text: Change

text: of

text: Residence

text: Notice

text: San

text: Leandro

text: the

text: city

text: of

text: petitioner

text: s

text: residence

text: lies

text: in

text: Military

text: Area

text: No

text: On

text: March

text: the

text: petitioner

text: therefore

text: had

text: notice

text: that

text: by

text: Executive

text: Order

text: the

text: President

text: to

text: prevent

text: espionage

text: and

text: sabotage

text: had

text: authorized

text: the

text: Military

text: to

text: exclude

text: him

text: from

text: certain

text: areas

text: and

text: to

text: prevent

text: his

text: entering

text: or

text: leaving

text: certain

text: areas

text: without

text: permission

text: He

text: was

text: on

text: notice

text: that

text: his

text: home

text: city

text: had

text: been

text: included

text: by

text: Military

text: Order

text: in

text: Area

text: No

text: and

text: he

text: was

text: on

text: notice

text: further

text: that

text: at

text: sometime

text: in

text: the

text: future

text: the

text: Military

text: Commander

text: would

text: make

text: an

text: order

text: for

text: the

text: exclusion

text: of

text: certain

text: persons

text: not

text: described

text: or

text: classified

text: from

text: various

text: zones

text: including

text: that

text: in

text: which

text: he

text: lived

text: March

text: Congress

text: enacted

text: that

text: anyone

text: who

text: knowingly

text: shall

text: enter

text: remain

text: in

text: leave

text: or

text: commit

text: any

text: act

text: in

text: any

text: military

text: area

text: or

text: military

text: zone

text: prescribed

text: by

text: any

text: military

text: commander

text: contrary

text: to

text: the

text: restrictions

text: applicable

text: to

text: any

text: such

text: area

text: or

text: zone

text: or

text: contrary

text: to

text: the

text: order

text: of

text: any

text: such

text: military

text: commander

text: shall

text: be

text: guilty

text: of

text: a

text: misdemeanor

text: This

text: is

text: the

text: Act

text: under

text: which

text: the

text: petitioner

text: was

text: charged

text: March

text: General

text: DeWitt

text: instituted

text: the

text: curfew

text: for

text: certain

text: areas

text: within

text: his

text: command

text: by

text: an

text: order

text: the

text: validity

text: of

text: which

text: was

text: sustained

text: in

text: Hirabayashi

text: v

text: United

text: States

text: supra

text: March

text: General

text: DeWitt

text: began

text: to

text: issue

text: a

text: series

text: of

text: exclusion

text: orders

text: relating

text: to

text: specified

text: areas

text: March

text: by

text: Proclamation

text: No

text: the

text: General

text: recited

text: that

text: it

text: is

text: necessary

text: in

text: order

text: to

text: provide

text: for

text: the

text: welfare

text: and

text: to

text: insure

text: the

text: orderly

text: evacuation

text: and

text: resettlement

text: of

text: Japanese

text: voluntarily

text: migrating

text: from

text: Military

text: Area

text: No

text: to

text: restrict

text: and

text: regulate

text: such

text: migration

text: and

text: ordered

text: that

text: as

text: of

text: March

text: all

text: alien

text: Japanese

text: and

text: persons

text: of

text: Japanese

text: ancestry

text: who

text: are

text: within

text: the

text: limits

text: of

text: Military

text: Area

text: No

text: be

text: and

text: they

text: are

text: hereby

text: prohibited

text: from

text: leaving

text: that

text: area

text: for

text: any

text: purpose

text: until

text: and

text: to

text: the

text: extent

text: that

text: a

text: future

text: proclamation

text: or

text: order

text: of

text: this

text: headquarters

text: shall

text: so

text: permit

text: or

text: direct

text: No

text: order

text: had

text: been

text: made

text: excluding

text: the

text: petitioner

text: from

text: the

text: area

text: in

text: which

text: he

text: lived

text: By

text: Proclamation

text: No

text: he

text: was

text: after

text: March

text: confined

text: to

text: the

text: limits

text: of

text: Area

text: No

text: If

text: the

text: Executive

text: Order

text: No

text: and

text: the

text: Act

text: of

text: Congress

text: meant

text: what

text: they

text: said

text: to

text: leave

text: that

text: area

text: in

text: the

text: face

text: of

text: Proclamation

text: No

text: would

text: be

text: to

text: commit

text: a

text: misdemeanor

text: May

text: General

text: DeWitt

text: issued

text: Civilian

text: Exclusion

text: Order

text: No

text: providing

text: that

text: after

text: o

text: clock

text: May

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: both

text: alien

text: and

text: non

text: alien

text: were

text: to

text: be

text: excluded

text: from

text: a

text: described

text: portion

text: of

text: Military

text: Area

text: No

text: which

text: included

text: the

text: County

text: of

text: Alameda

text: California

text: The

text: order

text: required

text: a

text: responsible

text: member

text: of

text: each

text: family

text: and

text: each

text: individual

text: living

text: alone

text: to

text: report

text: at

text: a

text: time

text: set

text: at

text: a

text: Civil

text: Control

text: Station

text: for

text: instructions

text: to

text: go

text: to

text: an

text: Assembly

text: Center

text: and

text: added

text: that

text: any

text: person

text: failing

text: to

text: comply

text: with

text: the

text: provisions

text: of

text: the

text: order

text: who

text: was

text: found

text: in

text: the

text: described

text: area

text: after

text: the

text: date

text: set

text: would

text: be

text: liable

text: to

text: prosecution

text: under

text: the

text: Act

text: of

text: March

text: supra

text: It

text: is

text: important

text: to

text: note

text: that

text: the

text: order

text: by

text: its

text: express

text: terms

text: had

text: no

text: application

text: to

text: persons

text: within

text: the

text: bounds

text: of

text: an

text: established

text: Assembly

text: Center

text: pursuant

text: to

text: instructions

text: from

text: this

text: Headquarters

text: The

text: obvious

text: purpose

text: of

text: the

text: orders

text: made

text: taken

text: together

text: was

text: to

text: drive

text: all

text: citizens

text: of

text: Japanese

text: ancestry

text: into

text: Assembly

text: Centers

text: within

text: the

text: zones

text: of

text: their

text: residence

text: under

text: pain

text: of

text: criminal

text: prosecution

text: The

text: predicament

text: in

text: which

text: the

text: petitioner

text: thus

text: found

text: himself

text: was

text: this

text: He

text: was

text: forbidden

text: by

text: Military

text: Order

text: to

text: leave

text: the

text: zone

text: in

text: which

text: he

text: lived

text: he

text: was

text: forbidden

text: by

text: Military

text: Order

text: after

text: a

text: date

text: fixed

text: to

text: be

text: found

text: within

text: that

text: zone

text: unless

text: he

text: were

text: in

text: an

text: Assembly

text: Center

text: located

text: in

text: that

text: zone

text: General

text: DeWitt

text: s

text: report

text: to

text: the

text: Secretary

text: of

text: War

text: concerning

text: the

text: programme

text: of

text: evacuation

text: and

text: relocation

text: of

text: Japanese

text: makes

text: it

text: entirely

text: clear

text: if

text: it

text: were

text: necessary

text: to

text: refer

text: to

text: that

text: document

text: and

text: in

text: the

text: light

text: of

text: the

text: above

text: recitation

text: I

text: think

text: it

text: is

text: not

text: that

text: an

text: Assembly

text: Center

text: was

text: a

text: euphemism

text: for

text: a

text: prison

text: No

text: person

text: within

text: such

text: a

text: center

text: was

text: permitted

text: to

text: leave

text: except

text: by

text: Military

text: Order

text: In

text: the

text: dilemma

text: that

text: he

text: dare

text: not

text: remain

text: in

text: his

text: home

text: or

text: voluntarily

text: leave

text: the

text: area

text: without

text: incurring

text: criminal

text: penalties

text: and

text: that

text: the

text: only

text: way

text: he

text: could

text: avoid

text: punishment

text: was

text: to

text: go

text: to

text: an

text: Assembly

text: Center

text: and

text: submit

text: himself

text: to

text: military

text: imprisonment

text: the

text: petitioner

text: did

text: nothing

text: June

text: an

text: Information

text: was

text: filed

text: in

text: the

text: District

text: Court

text: for

text: Northern

text: California

text: charging

text: a

text: violation

text: of

text: the

text: Act

text: of

text: March

text: in

text: that

text: petitioner

text: had

text: knowingly

text: remained

text: within

text: the

text: area

text: covered

text: by

text: Exclusion

text: Order

text: No

text: A

text: demurrer

text: to

text: the

text: information

text: having

text: been

text: overruled

text: the

text: petitioner

text: was

text: tried

text: under

text: a

text: plea

text: of

text: not

text: guilty

text: and

text: convicted

text: Sentence

text: was

text: suspended

text: and

text: he

text: was

text: placed

text: on

text: probation

text: for

text: five

text: years

text: We

text: know

text: however

text: in

text: the

text: light

text: of

text: the

text: foregoing

text: recitation

text: that

text: he

text: was

text: at

text: once

text: taken

text: into

text: military

text: custody

text: and

text: lodged

text: in

text: an

text: Assembly

text: Center

text: We

text: further

text: know

text: that

text: on

text: March

text: the

text: President

text: had

text: promulgated

text: Executive

text: Order

text: No

text: establishing

text: the

text: War

text: Relocation

text: Authority

text: under

text: which

text: so

text: called

text: Relocation

text: Centers

text: a

text: euphemism

text: for

text: concentration

text: camps

text: were

text: established

text: pursuant

text: to

text: cooperation

text: between

text: the

text: military

text: authorities

text: of

text: the

text: Western

text: Defense

text: Command

text: and

text: the

text: Relocation

text: Authority

text: and

text: that

text: the

text: petitioner

text: has

text: been

text: confined

text: either

text: in

text: an

text: Assembly

text: Center

text: within

text: the

text: zone

text: in

text: which

text: he

text: had

text: lived

text: or

text: has

text: been

text: removed

text: to

text: a

text: Relocation

text: Center

text: where

text: as

text: the

text: facts

text: disclosed

text: in

text: Ex

text: parte

text: Endo

text: post

text: p

text: demonstrate

text: he

text: was

text: illegally

text: held

text: in

text: custody

text: The

text: Government

text: has

text: argued

text: this

text: case

text: as

text: if

text: the

text: only

text: order

text: outstanding

text: at

text: the

text: time

text: the

text: petitioner

text: was

text: arrested

text: and

text: informed

text: against

text: was

text: Exclusion

text: Order

text: No

text: ordering

text: him

text: to

text: leave

text: the

text: area

text: in

text: which

text: he

text: resided

text: which

text: was

text: the

text: basis

text: of

text: the

text: information

text: against

text: him

text: That

text: argument

text: has

text: evidently

text: been

text: effective

text: The

text: opinion

text: refers

text: to

text: the

text: Hirabayashi

text: case

text: supra

text: to

text: show

text: that

text: this

text: court

text: has

text: sustained

text: the

text: validity

text: of

text: a

text: curfew

text: order

text: in

text: an

text: emergency

text: The

text: argument

text: then

text: is

text: that

text: exclusion

text: from

text: a

text: given

text: area

text: of

text: danger

text: while

text: somewhat

text: more

text: sweeping

text: than

text: a

text: curfew

text: regulation

text: is

text: of

text: the

text: same

text: nature

text: a

text: temporary

text: expedient

text: made

text: necessary

text: by

text: a

text: sudden

text: emergency

text: This

text: I

text: think

text: is

text: a

text: substitution

text: of

text: an

text: hypothetical

text: case

text: for

text: the

text: case

text: actually

text: before

text: the

text: court

text: I

text: might

text: agree

text: with

text: the

text: court

text: s

text: disposition

text: of

text: the

text: hypothetical

text: case

text: The

text: liberty

text: of

text: every

text: American

text: citizen

text: freely

text: to

text: come

text: and

text: to

text: go

text: must

text: frequently

text: in

text: the

text: face

text: of

text: sudden

text: danger

text: be

text: temporarily

text: limited

text: or

text: suspended

text: The

text: civil

text: authorities

text: must

text: often

text: resort

text: to

text: the

text: expedient

text: of

text: excluding

text: citizens

text: temporarily

text: from

text: a

text: locality

text: The

text: drawing

text: of

text: fire

text: lines

text: in

text: the

text: case

text: of

text: a

text: conflagration

text: the

text: removal

text: of

text: persons

text: from

text: the

text: area

text: where

text: a

text: pestilence

text: has

text: broken

text: out

text: are

text: familiar

text: examples

text: If

text: the

text: exclusion

text: worked

text: by

text: Exclusion

text: Order

text: No

text: were

text: of

text: that

text: nature

text: the

text: Hirabayashi

text: case

text: would

text: be

text: authority

text: for

text: sustaining

text: it

text: But

text: the

text: facts

text: above

text: recited

text: and

text: those

text: set

text: forth

text: in

text: Ex

text: parte

text: Endo

text: supra

text: show

text: that

text: the

text: exclusion

text: was

text: but

text: a

text: part

text: of

text: an

text: over

text: all

text: plan

text: for

text: forceable

text: detention

text: This

text: case

text: cannot

text: therefore

text: be

text: decided

text: on

text: any

text: such

text: narrow

text: ground

text: as

text: the

text: possible

text: validity

text: of

text: a

text: Temporary

text: Exclusion

text: Order

text: under

text: which

text: the

text: residents

text: of

text: an

text: area

text: are

text: given

text: an

text: opportunity

text: to

text: leave

text: and

text: go

text: elsewhere

text: in

text: their

text: native

text: land

text: outside

text: the

text: boundaries

text: of

text: a

text: military

text: area

text: To

text: make

text: the

text: case

text: turn

text: on

text: any

text: such

text: assumption

text: is

text: to

text: shut

text: our

text: eyes

text: to

text: reality

text: As

text: I

text: have

text: said

text: above

text: the

text: petitioner

text: prior

text: to

text: his

text: arrest

text: was

text: faced

text: with

text: two

text: diametrically

text: contradictory

text: orders

text: given

text: sanction

text: by

text: the

text: Act

text: of

text: Congress

text: of

text: March

text: The

text: earlier

text: of

text: those

text: orders

text: made

text: him

text: a

text: criminal

text: if

text: he

text: left

text: the

text: zone

text: in

text: which

text: he

text: resided

text: the

text: later

text: made

text: him

text: a

text: criminal

text: if

text: he

text: did

text: not

text: leave

text: I

text: had

text: supposed

text: that

text: if

text: a

text: citizen

text: was

text: constrained

text: by

text: two

text: laws

text: or

text: two

text: orders

text: having

text: the

text: force

text: of

text: law

text: and

text: obedience

text: to

text: one

text: would

text: violate

text: the

text: other

text: to

text: punish

text: him

text: for

text: violation

text: of

text: either

text: would

text: deny

text: him

text: due

text: process

text: of

text: law

text: And

text: I

text: had

text: supposed

text: that

text: under

text: these

text: circumstances

text: a

text: conviction

text: for

text: violating

text: one

text: of

text: the

text: orders

text: could

text: not

text: stand

text: We

text: cannot

text: shut

text: our

text: eyes

text: to

text: the

text: fact

text: that

text: had

text: the

text: petitioner

text: attempted

text: to

text: violate

text: Proclamation

text: No

text: and

text: leave

text: the

text: military

text: area

text: in

text: which

text: he

text: lived

text: he

text: would

text: have

text: been

text: arrested

text: and

text: tried

text: and

text: convicted

text: for

text: violation

text: of

text: Proclamation

text: No

text: The

text: two

text: conflicting

text: orders

text: one

text: which

text: commanded

text: him

text: to

text: stay

text: and

text: the

text: other

text: which

text: commanded

text: him

text: to

text: go

text: were

text: nothing

text: but

text: a

text: cleverly

text: devised

text: trap

text: to

text: accomplish

text: the

text: real

text: purpose

text: of

text: the

text: military

text: authority

text: which

text: was

text: to

text: lock

text: him

text: up

text: in

text: a

text: concentration

text: camp

text: The

text: only

text: course

text: by

text: which

text: the

text: petitioner

text: could

text: avoid

text: arrest

text: and

text: prosecution

text: was

text: to

text: go

text: to

text: that

text: camp

text: according

text: to

text: instructions

text: to

text: be

text: given

text: him

text: when

text: he

text: reported

text: at

text: a

text: Civil

text: Control

text: Center

text: We

text: know

text: that

text: is

text: the

text: fact

text: Why

text: should

text: we

text: set

text: up

text: a

text: figmentary

text: and

text: artificial

text: situation

text: instead

text: of

text: addressing

text: ourselves

text: to

text: the

text: actualities

text: of

text: the

text: case

text: These

text: stark

text: realities

text: are

text: met

text: by

text: the

text: suggestion

text: that

text: it

text: is

text: lawful

text: to

text: compel

text: an

text: American

text: citizen

text: to

text: submit

text: to

text: illegal

text: imprisonment

text: on

text: the

text: assumption

text: that

text: he

text: might

text: after

text: going

text: to

text: the

text: Assembly

text: Center

text: apply

text: for

text: his

text: discharge

text: by

text: suing

text: out

text: a

text: writ

text: of

text: habeas

text: corpus

text: as

text: was

text: done

text: in

text: the

text: Endo

text: case

text: supra

text: The

text: answer

text: of

text: course

text: is

text: that

text: where

text: he

text: was

text: subject

text: to

text: two

text: conflicting

text: laws

text: he

text: was

text: not

text: bound

text: in

text: order

text: to

text: escape

text: violation

text: of

text: one

text: or

text: the

text: other

text: to

text: surrender

text: his

text: liberty

text: for

text: any

text: period

text: Nor

text: will

text: it

text: do

text: to

text: say

text: that

text: the

text: detention

text: was

text: a

text: necessary

text: part

text: of

text: the

text: process

text: of

text: evacuation

text: and

text: so

text: we

text: are

text: here

text: concerned

text: only

text: with

text: the

text: validity

text: of

text: the

text: latter

text: Again

text: it

text: is

text: a

text: new

text: doctrine

text: of

text: constitutional

text: law

text: that

text: one

text: indicted

text: for

text: disobedience

text: to

text: an

text: unconstitutional

text: statute

text: may

text: not

text: defend

text: on

text: the

text: ground

text: of

text: the

text: invalidity

text: of

text: the

text: statute

text: but

text: must

text: obey

text: it

text: though

text: he

text: knows

text: it

text: is

text: no

text: law

text: and

text: after

text: he

text: has

text: suffered

text: the

text: disgrace

text: of

text: conviction

text: and

text: lost

text: his

text: liberty

text: by

text: sentence

text: then

text: and

text: not

text: before

text: seek

text: from

text: within

text: prison

text: walls

text: to

text: test

text: the

text: validity

text: of

text: the

text: law

text: Moreover

text: it

text: is

text: beside

text: the

text: point

text: to

text: rest

text: decision

text: in

text: part

text: on

text: the

text: fact

text: that

text: the

text: petitioner

text: for

text: his

text: own

text: reasons

text: wished

text: to

text: remain

text: in

text: his

text: home

text: If

text: as

text: is

text: the

text: fact

text: he

text: was

text: constrained

text: so

text: to

text: do

text: it

text: is

text: indeed

text: a

text: narrow

text: application

text: of

text: constitutional

text: rights

text: to

text: ignore

text: the

text: order

text: which

text: constrained

text: him

text: in

text: order

text: to

text: sustain

text: his

text: conviction

text: for

text: violation

text: of

text: another

text: contradictory

text: order

text: I

text: would

text: reverse

text: the

text: judgment

text: of

text: conviction

text: MR

text: JUSTICE

text: MURPHY

text: dissenting

text: This

text: exclusion

text: of

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: both

text: alien

text: and

text: non

text: alien

text: from

text: the

text: Pacific

text: Coast

text: area

text: on

text: a

text: plea

text: of

text: military

text: necessity

text: in

text: the

text: absence

text: of

text: martial

text: law

text: ought

text: not

text: to

text: be

text: approved

text: Such

text: exclusion

text: goes

text: over

text: the

text: very

text: brink

text: of

text: constitutional

text: power

text: and

text: falls

text: into

text: the

text: ugly

text: abyss

text: of

text: racism

text: In

text: dealing

text: with

text: matters

text: relating

text: to

text: the

text: prosecution

text: and

text: progress

text: of

text: a

text: war

text: we

text: must

text: accord

text: great

text: respect

text: and

text: consideration

text: to

text: the

text: judgments

text: of

text: the

text: military

text: authorities

text: who

text: are

text: on

text: the

text: scene

text: and

text: who

text: have

text: full

text: knowledge

text: of

text: the

text: military

text: facts

text: The

text: scope

text: of

text: their

text: discretion

text: must

text: as

text: a

text: matter

text: of

text: necessity

text: and

text: common

text: sense

text: be

text: wide

text: And

text: their

text: judgments

text: ought

text: not

text: to

text: be

text: overruled

text: lightly

text: by

text: those

text: whose

text: training

text: and

text: duties

text: ill

text: equip

text: them

text: to

text: deal

text: intelligently

text: with

text: matters

text: so

text: vital

text: to

text: the

text: physical

text: security

text: of

text: the

text: nation

text: At

text: the

text: same

text: time

text: however

text: it

text: is

text: essential

text: that

text: there

text: be

text: definite

text: limits

text: to

text: military

text: discretion

text: especially

text: where

text: martial

text: law

text: has

text: not

text: been

text: declared

text: Individuals

text: must

text: not

text: be

text: left

text: impoverished

text: of

text: their

text: constitutional

text: rights

text: on

text: a

text: plea

text: of

text: military

text: necessity

text: that

text: has

text: neither

text: substance

text: nor

text: support

text: Thus

text: like

text: other

text: claims

text: conflicting

text: with

text: the

text: asserted

text: constitutional

text: rights

text: of

text: the

text: individual

text: the

text: military

text: claim

text: must

text: subject

text: itself

text: to

text: the

text: judicial

text: process

text: of

text: having

text: its

text: reasonableness

text: determined

text: and

text: its

text: conflicts

text: with

text: other

text: interests

text: reconciled

text: What

text: are

text: the

text: allowable

text: limits

text: of

text: military

text: discretion

text: and

text: whether

text: or

text: not

text: they

text: have

text: been

text: overstepped

text: in

text: a

text: particular

text: case

text: are

text: judicial

text: questions

text: Sterling

text: v

text: Constantin

text: U

text: S

text: The

text: judicial

text: test

text: of

text: whether

text: the

text: Government

text: on

text: a

text: plea

text: of

text: military

text: necessity

text: can

text: validly

text: deprive

text: an

text: individual

text: of

text: any

text: of

text: his

text: constitutional

text: rights

text: is

text: whether

text: the

text: deprivation

text: is

text: reasonably

text: related

text: to

text: a

text: public

text: danger

text: that

text: is

text: so

text: immediate

text: imminent

text: and

text: impending

text: as

text: not

text: to

text: admit

text: of

text: delay

text: and

text: not

text: to

text: permit

text: the

text: intervention

text: of

text: ordinary

text: constitutional

text: processes

text: to

text: alleviate

text: the

text: danger

text: United

text: States

text: v

text: Russell

text: Wall

text: Mitchell

text: v

text: Harmony

text: How

text: Raymond

text: v

text: Thomas

text: U

text: S

text: Civilian

text: Exclusion

text: Order

text: No

text: banishing

text: from

text: a

text: prescribed

text: area

text: of

text: the

text: Pacific

text: Coast

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: both

text: alien

text: and

text: non

text: alien

text: clearly

text: does

text: not

text: meet

text: that

text: test

text: Being

text: an

text: obvious

text: racial

text: discrimination

text: the

text: order

text: deprives

text: all

text: those

text: within

text: its

text: scope

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: as

text: guaranteed

text: by

text: the

text: Fifth

text: Amendment

text: It

text: further

text: deprives

text: these

text: individuals

text: of

text: their

text: constitutional

text: rights

text: to

text: live

text: and

text: work

text: where

text: they

text: will

text: to

text: establish

text: a

text: home

text: where

text: they

text: choose

text: and

text: to

text: move

text: about

text: freely

text: In

text: excommunicating

text: them

text: without

text: benefit

text: of

text: hearings

text: this

text: order

text: also

text: deprives

text: them

text: of

text: all

text: their

text: constitutional

text: rights

text: to

text: procedural

text: due

text: process

text: Yet

text: no

text: reasonable

text: relation

text: to

text: an

text: immediate

text: imminent

text: and

text: impending

text: public

text: danger

text: is

text: evident

text: to

text: support

text: this

text: racial

text: restriction

text: which

text: is

text: one

text: of

text: the

text: most

text: sweeping

text: and

text: complete

text: deprivations

text: of

text: constitutional

text: rights

text: in

text: the

text: history

text: of

text: this

text: nation

text: in

text: the

text: absence

text: of

text: martial

text: law

text: It

text: must

text: be

text: conceded

text: that

text: the

text: military

text: and

text: naval

text: situation

text: in

text: the

text: spring

text: of

text: was

text: such

text: as

text: to

text: generate

text: a

text: very

text: real

text: fear

text: of

text: invasion

text: of

text: the

text: Pacific

text: Coast

text: accompanied

text: by

text: fears

text: of

text: sabotage

text: and

text: espionage

text: in

text: that

text: area

text: The

text: military

text: command

text: was

text: therefore

text: justified

text: in

text: adopting

text: all

text: reasonable

text: means

text: necessary

text: to

text: combat

text: these

text: dangers

text: In

text: adjudging

text: the

text: military

text: action

text: taken

text: in

text: light

text: of

text: the

text: then

text: apparent

text: dangers

text: we

text: must

text: not

text: erect

text: too

text: high

text: or

text: too

text: meticulous

text: standards

text: it

text: is

text: necessary

text: only

text: that

text: the

text: action

text: have

text: some

text: reasonable

text: relation

text: to

text: the

text: removal

text: of

text: the

text: dangers

text: of

text: invasion

text: sabotage

text: and

text: espionage

text: But

text: the

text: exclusion

text: either

text: temporarily

text: or

text: permanently

text: of

text: all

text: persons

text: with

text: Japanese

text: blood

text: in

text: their

text: veins

text: has

text: no

text: such

text: reasonable

text: relation

text: And

text: that

text: relation

text: is

text: lacking

text: because

text: the

text: exclusion

text: order

text: necessarily

text: must

text: rely

text: for

text: its

text: reasonableness

text: upon

text: the

text: assumption

text: that

text: all

text: persons

text: of

text: Japanese

text: ancestry

text: may

text: have

text: a

text: dangerous

text: tendency

text: to

text: commit

text: sabotage

text: and

text: espionage

text: and

text: to

text: aid

text: our

text: Japanese

text: enemy

text: in

text: other

text: ways

text: It

text: is

text: difficult

text: to

text: believe

text: that

text: reason

text: logic

text: or

text: experience

text: could

text: be

text: marshalled

text: in

text: support

text: of

text: such

text: an

text: assumption

text: That

text: this

text: forced

text: exclusion

text: was

text: the

text: result

text: in

text: good

text: measure

text: of

text: this

text: erroneous

text: assumption

text: of

text: racial

text: guilt

text: rather

text: than

text: bona

text: fide

text: military

text: necessity

text: is

text: evidenced

text: by

text: the

text: Commanding

text: General

text: s

text: Final

text: Report

text: on

text: the

text: evacuation

text: from

text: the

text: Pacific

text: Coast

text: area

text: In

text: it

text: he

text: refers

text: to

text: all

text: individuals

text: of

text: Japanese

text: descent

text: as

text: subversive

text: as

text: belonging

text: to

text: an

text: enemy

text: race

text: whose

text: racial

text: strains

text: are

text: undiluted

text: and

text: as

text: constituting

text: over

text: potential

text: enemies

text: at

text: large

text: today

text: along

text: the

text: Pacific

text: Coast

text: In

text: support

text: of

text: this

text: blanket

text: condemnation

text: of

text: all

text: persons

text: of

text: Japanese

text: descent

text: however

text: no

text: reliable

text: evidence

text: is

text: cited

text: to

text: show

text: that

text: such

text: individuals

text: were

text: generally

text: disloyal

text: or

text: had

text: generally

text: so

text: conducted

text: themselves

text: in

text: this

text: area

text: as

text: to

text: constitute

text: a

text: special

text: menace

text: to

text: defense

text: installations

text: or

text: war

text: industries

text: or

text: had

text: otherwise

text: by

text: their

text: behavior

text: furnished

text: reasonable

text: ground

text: for

text: their

text: exclusion

text: as

text: a

text: group

text: Justification

text: for

text: the

text: exclusion

text: is

text: sought

text: instead

text: mainly

text: upon

text: questionable

text: racial

text: and

text: sociological

text: grounds

text: not

text: ordinarily

text: within

text: the

text: realm

text: of

text: expert

text: military

text: judgment

text: supplemented

text: by

text: certain

text: semi

text: military

text: conclusions

text: drawn

text: from

text: an

text: unwarranted

text: use

text: of

text: circumstantial

text: evidence

text: Individuals

text: of

text: Japanese

text: ancestry

text: are

text: condemned

text: because

text: they

text: are

text: said

text: to

text: be

text: a

text: large

text: unassimilated

text: tightly

text: knit

text: racial

text: group

text: bound

text: to

text: an

text: enemy

text: nation

text: by

text: strong

text: ties

text: of

text: race

text: culture

text: custom

text: and

text: religion

text: They

text: are

text: claimed

text: to

text: be

text: given

text: to

text: emperor

text: worshipping

text: ceremonies

text: and

text: to

text: dual

text: citizenship

text: Japanese

text: language

text: schools

text: and

text: allegedly

text: pro

text: Japanese

text: organizations

text: are

text: cited

text: as

text: evidence

text: of

text: possible

text: group

text: disloyalty

text: together

text: with

text: facts

text: as

text: to

text: certain

text: persons

text: being

text: educated

text: and

text: residing

text: at

text: length

text: in

text: Japan

text: It

text: is

text: intimated

text: that

text: many

text: of

text: these

text: individuals

text: deliberately

text: resided

text: adjacent

text: to

text: strategic

text: points

text: thus

text: enabling

text: them

text: to

text: carry

text: into

text: execution

text: a

text: tremendous

text: program

text: of

text: sabotage

text: on

text: a

text: mass

text: scale

text: should

text: any

text: considerable

text: number

text: of

text: them

text: have

text: been

text: inclined

text: to

text: do

text: so

text: The

text: need

text: for

text: protective

text: custody

text: is

text: also

text: asserted

text: The

text: report

text: refers

text: without

text: identity

text: to

text: numerous

text: incidents

text: of

text: violence

text: as

text: well

text: as

text: to

text: other

text: admittedly

text: unverified

text: or

text: cumulative

text: incidents

text: From

text: this

text: plus

text: certain

text: other

text: events

text: not

text: shown

text: to

text: have

text: been

text: connected

text: with

text: the

text: Japanese

text: Americans

text: it

text: is

text: concluded

text: that

text: the

text: situation

text: was

text: fraught

text: with

text: danger

text: to

text: the

text: Japanese

text: population

text: itself

text: and

text: that

text: the

text: general

text: public

text: was

text: ready

text: to

text: take

text: matters

text: into

text: its

text: own

text: hands

text: Finally

text: it

text: is

text: intimated

text: though

text: not

text: directly

text: charged

text: or

text: proved

text: that

text: persons

text: of

text: Japanese

text: ancestry

text: were

text: responsible

text: for

text: three

text: minor

text: isolated

text: shellings

text: and

text: bombings

text: of

text: the

text: Pacific

text: Coast

text: area

text: as

text: well

text: as

text: for

text: unidentified

text: radio

text: transmissions

text: and

text: night

text: signalling

text: The

text: main

text: reasons

text: relied

text: upon

text: by

text: those

text: responsible

text: for

text: the

text: forced

text: evacuation

text: therefore

text: do

text: not

text: prove

text: a

text: reasonable

text: relation

text: between

text: the

text: group

text: characteristics

text: of

text: Japanese

text: Americans

text: and

text: the

text: dangers

text: of

text: invasion

text: sabotage

text: and

text: espionage

text: The

text: reasons

text: appear

text: instead

text: to

text: be

text: largely

text: an

text: accumulation

text: of

text: much

text: of

text: the

text: misinformation

text: half

text: truths

text: and

text: insinuations

text: that

text: for

text: years

text: have

text: been

text: directed

text: against

text: Japanese

text: Americans

text: by

text: people

text: with

text: racial

text: and

text: economic

text: prejudices

text: the

text: same

text: people

text: who

text: have

text: been

text: among

text: the

text: foremost

text: advocates

text: of

text: the

text: evacuation

text: A

text: military

text: judgment

text: based

text: upon

text: such

text: racial

text: and

text: sociological

text: considerations

text: is

text: not

text: entitled

text: to

text: the

text: great

text: weight

text: ordinarily

text: given

text: the

text: judgments

text: based

text: upon

text: strictly

text: military

text: considerations

text: Especially

text: is

text: this

text: so

text: when

text: every

text: charge

text: relative

text: to

text: race

text: religion

text: culture

text: geographical

text: location

text: and

text: legal

text: and

text: economic

text: status

text: has

text: been

text: substantially

text: discredited

text: by

text: independent

text: studies

text: made

text: by

text: experts

text: in

text: these

text: matters

text: The

text: military

text: necessity

text: which

text: is

text: essential

text: to

text: the

text: validity

text: of

text: the

text: evacuation

text: order

text: thus

text: resolves

text: itself

text: into

text: a

text: few

text: intimations

text: that

text: certain

text: individuals

text: actively

text: aided

text: the

text: enemy

text: from

text: which

text: it

text: is

text: inferred

text: that

text: the

text: entire

text: group

text: of

text: Japanese

text: Americans

text: could

text: not

text: be

text: trusted

text: to

text: be

text: or

text: remain

text: loyal

text: to

text: the

text: United

text: States

text: No

text: one

text: denies

text: of

text: course

text: that

text: there

text: were

text: some

text: disloyal

text: persons

text: of

text: Japanese

text: descent

text: on

text: the

text: Pacific

text: Coast

text: who

text: did

text: all

text: in

text: their

text: power

text: to

text: aid

text: their

text: ancestral

text: land

text: Similar

text: disloyal

text: activities

text: have

text: been

text: engaged

text: in

text: by

text: many

text: persons

text: of

text: German

text: Italian

text: and

text: even

text: more

text: pioneer

text: stock

text: in

text: our

text: country

text: But

text: to

text: infer

text: that

text: examples

text: of

text: individual

text: disloyalty

text: prove

text: group

text: disloyalty

text: and

text: justify

text: discriminatory

text: action

text: against

text: the

text: entire

text: group

text: is

text: to

text: deny

text: that

text: under

text: our

text: system

text: of

text: law

text: individual

text: guilt

text: is

text: the

text: sole

text: basis

text: for

text: deprivation

text: of

text: rights

text: Moreover

text: this

text: inference

text: which

text: is

text: at

text: the

text: very

text: heart

text: of

text: the

text: evacuation

text: orders

text: has

text: been

text: used

text: in

text: support

text: of

text: the

text: abhorrent

text: and

text: despicable

text: treatment

text: of

text: minority

text: groups

text: by

text: the

text: dictatorial

text: tyrannies

text: which

text: this

text: nation

text: is

text: now

text: pledged

text: to

text: destroy

text: To

text: give

text: constitutional

text: sanction

text: to

text: that

text: inference

text: in

text: this

text: case

text: however

text: well

text: intentioned

text: may

text: have

text: been

text: the

text: military

text: command

text: on

text: the

text: Pacific

text: Coast

text: is

text: to

text: adopt

text: one

text: of

text: the

text: cruelest

text: of

text: the

text: rationales

text: used

text: by

text: our

text: enemies

text: to

text: destroy

text: the

text: dignity

text: of

text: the

text: individual

text: and

text: to

text: encourage

text: and

text: open

text: the

text: door

text: to

text: discriminatory

text: actions

text: against

text: other

text: minority

text: groups

text: in

text: the

text: passions

text: of

text: tomorrow

text: No

text: adequate

text: reason

text: is

text: given

text: for

text: the

text: failure

text: to

text: treat

text: these

text: Japanese

text: Americans

text: on

text: an

text: individual

text: basis

text: by

text: holding

text: investigations

text: and

text: hearings

text: to

text: separate

text: the

text: loyal

text: from

text: the

text: disloyal

text: as

text: was

text: done

text: in

text: the

text: case

text: of

text: persons

text: of

text: German

text: and

text: Italian

text: ancestry

text: See

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: It

text: is

text: asserted

text: merely

text: that

text: the

text: loyalties

text: of

text: this

text: group

text: were

text: unknown

text: and

text: time

text: was

text: of

text: the

text: essence

text: Yet

text: nearly

text: four

text: months

text: elapsed

text: after

text: Pearl

text: Harbor

text: before

text: the

text: first

text: exclusion

text: order

text: was

text: issued

text: nearly

text: eight

text: months

text: went

text: by

text: until

text: the

text: last

text: order

text: was

text: issued

text: and

text: the

text: last

text: of

text: these

text: subversive

text: persons

text: was

text: not

text: actually

text: removed

text: until

text: almost

text: eleven

text: months

text: had

text: elapsed

text: Leisure

text: and

text: deliberation

text: seem

text: to

text: have

text: been

text: more

text: of

text: the

text: essence

text: than

text: speed

text: And

text: the

text: fact

text: that

text: conditions

text: were

text: not

text: such

text: as

text: to

text: warrant

text: a

text: declaration

text: of

text: martial

text: law

text: adds

text: strength

text: to

text: the

text: belief

text: that

text: the

text: factors

text: of

text: time

text: and

text: military

text: necessity

text: were

text: not

text: as

text: urgent

text: as

text: they

text: have

text: been

text: represented

text: to

text: be

text: Moreover

text: there

text: was

text: no

text: adequate

text: proof

text: that

text: the

text: Federal

text: Bureau

text: of

text: Investigation

text: and

text: the

text: military

text: and

text: naval

text: intelligence

text: services

text: did

text: not

text: have

text: the

text: espionage

text: and

text: sabotage

text: situation

text: well

text: in

text: hand

text: during

text: this

text: long

text: period

text: Nor

text: is

text: there

text: any

text: denial

text: of

text: the

text: fact

text: that

text: not

text: one

text: person

text: of

text: Japanese

text: ancestry

text: was

text: accused

text: or

text: convicted

text: of

text: espionage

text: or

text: sabotage

text: after

text: Pearl

text: Harbor

text: while

text: they

text: were

text: still

text: free

text: a

text: fact

text: which

text: is

text: some

text: evidence

text: of

text: the

text: loyalty

text: of

text: the

text: vast

text: majority

text: of

text: these

text: individuals

text: and

text: of

text: the

text: effectiveness

text: of

text: the

text: established

text: methods

text: of

text: combatting

text: these

text: evils

text: It

text: seems

text: incredible

text: that

text: under

text: these

text: circumstances

text: it

text: would

text: have

text: been

text: impossible

text: to

text: hold

text: loyalty

text: hearings

text: for

text: the

text: mere

text: persons

text: involved

text: or

text: at

text: least

text: for

text: the

text: American

text: citizens

text: especially

text: when

text: a

text: large

text: part

text: of

text: this

text: number

text: represented

text: children

text: and

text: elderly

text: men

text: and

text: women

text: Any

text: inconvenience

text: that

text: may

text: have

text: accompanied

text: an

text: attempt

text: to

text: conform

text: to

text: procedural

text: due

text: process

text: cannot

text: be

text: said

text: to

text: justify

text: violations

text: of

text: constitutional

text: rights

text: of

text: individuals

text: I

text: dissent

text: therefore

text: from

text: this

text: legalization

text: of

text: racism

text: Racial

text: discrimination

text: in

text: any

text: form

text: and

text: in

text: any

text: degree

text: has

text: no

text: justifiable

text: part

text: whatever

text: in

text: our

text: democratic

text: way

text: of

text: life

text: It

text: is

text: unattractive

text: in

text: any

text: setting

text: but

text: it

text: is

text: utterly

text: revolting

text: among

text: a

text: free

text: people

text: who

text: have

text: embraced

text: the

text: principles

text: set

text: forth

text: in

text: the

text: Constitution

text: of

text: the

text: United

text: States

text: All

text: residents

text: of

text: this

text: nation

text: are

text: kin

text: in

text: some

text: way

text: by

text: blood

text: or

text: culture

text: to

text: a

text: foreign

text: land

text: Yet

text: they

text: are

text: primarily

text: and

text: necessarily

text: a

text: part

text: of

text: the

text: new

text: and

text: distinct

text: civilization

text: of

text: the

text: United

text: States

text: They

text: must

text: accordingly

text: be

text: treated

text: at

text: all

text: times

text: as

text: the

text: heirs

text: of

text: the

text: American

text: experiment

text: and

text: as

text: entitled

text: to

text: all

text: the

text: rights

text: and

text: freedoms

text: guaranteed

text: by

text: the

text: Constitution

text: MR

text: JUSTICE

text: JACKSON

text: dissenting

text: Korematsu

text: was

text: born

text: on

text: our

text: soil

text: of

text: parents

text: born

text: in

text: Japan

text: The

text: Constitution

text: makes

text: him

text: a

text: citizen

text: of

text: the

text: United

text: States

text: by

text: nativity

text: and

text: a

text: citizen

text: of

text: California

text: by

text: residence

text: No

text: claim

text: is

text: made

text: that

text: he

text: is

text: not

text: loyal

text: to

text: this

text: country

text: There

text: is

text: no

text: suggestion

text: that

text: apart

text: from

text: the

text: matter

text: involved

text: here

text: he

text: is

text: not

text: law

text: abiding

text: and

text: well

text: disposed

text: Korematsu

text: however

text: has

text: been

text: convicted

text: of

text: an

text: act

text: not

text: commonly

text: a

text: crime

text: It

text: consists

text: merely

text: of

text: being

text: present

text: in

text: the

text: state

text: whereof

text: he

text: is

text: a

text: citizen

text: near

text: the

text: place

text: where

text: he

text: was

text: born

text: and

text: where

text: all

text: his

text: life

text: he

text: has

text: lived

text: Even

text: more

text: unusual

text: is

text: the

text: series

text: of

text: military

text: orders

text: which

text: made

text: this

text: conduct

text: a

text: crime

text: They

text: forbid

text: such

text: a

text: one

text: to

text: remain

text: and

text: they

text: also

text: forbid

text: him

text: to

text: leave

text: They

text: were

text: so

text: drawn

text: that

text: the

text: only

text: way

text: Korematsu

text: could

text: avoid

text: violation

text: was

text: to

text: give

text: himself

text: up

text: to

text: the

text: military

text: authority

text: This

text: meant

text: submission

text: to

text: custody

text: examination

text: and

text: transportation

text: out

text: of

text: the

text: territory

text: to

text: be

text: followed

text: by

text: indeterminate

text: confinement

text: in

text: detention

text: camps

text: A

text: citizen

text: s

text: presence

text: in

text: the

text: locality

text: however

text: was

text: made

text: a

text: crime

text: only

text: if

text: his

text: parents

text: were

text: of

text: Japanese

text: birth

text: Had

text: Korematsu

text: been

text: one

text: of

text: four

text: the

text: others

text: being

text: say

text: a

text: German

text: alien

text: enemy

text: an

text: Italian

text: alien

text: enemy

text: and

text: a

text: citizen

text: of

text: American

text: born

text: ancestors

text: convicted

text: of

text: treason

text: but

text: out

text: on

text: parole

text: only

text: Korematsu

text: s

text: presence

text: would

text: have

text: violated

text: the

text: order

text: The

text: difference

text: between

text: their

text: innocence

text: and

text: his

text: crime

text: would

text: result

text: not

text: from

text: anything

text: he

text: did

text: said

text: or

text: thought

text: different

text: than

text: they

text: but

text: only

text: in

text: that

text: he

text: was

text: born

text: of

text: different

text: racial

text: stock

text: Now

text: if

text: any

text: fundamental

text: assumption

text: underlies

text: our

text: system

text: it

text: is

text: that

text: guilt

text: is

text: personal

text: and

text: not

text: inheritable

text: Even

text: if

text: all

text: of

text: one

text: s

text: antecedents

text: had

text: been

text: convicted

text: of

text: treason

text: the

text: Constitution

text: forbids

text: its

text: penalties

text: to

text: be

text: visited

text: upon

text: him

text: for

text: it

text: provides

text: that

text: no

text: attainder

text: of

text: treason

text: shall

text: work

text: corruption

text: of

text: blood

text: or

text: forfeiture

text: except

text: during

text: the

text: life

text: of

text: the

text: person

text: attainted

text: But

text: here

text: is

text: an

text: attempt

text: to

text: make

text: an

text: otherwise

text: innocent

text: act

text: a

text: crime

text: merely

text: because

text: this

text: prisoner

text: is

text: the

text: son

text: of

text: parents

text: as

text: to

text: whom

text: he

text: had

text: no

text: choice

text: and

text: belongs

text: to

text: a

text: race

text: from

text: which

text: there

text: is

text: no

text: way

text: to

text: resign

text: If

text: Congress

text: in

text: peace

text: time

text: legislation

text: should

text: enact

text: such

text: a

text: criminal

text: law

text: I

text: should

text: suppose

text: this

text: Court

text: would

text: refuse

text: to

text: enforce

text: it

text: But

text: the

text: law

text: which

text: this

text: prisoner

text: is

text: convicted

text: of

text: disregarding

text: is

text: not

text: found

text: in

text: an

text: act

text: of

text: Congress

text: but

text: in

text: a

text: military

text: order

text: Neither

text: the

text: Act

text: of

text: Congress

text: nor

text: the

text: Executive

text: Order

text: of

text: the

text: President

text: nor

text: both

text: together

text: would

text: afford

text: a

text: basis

text: for

text: this

text: conviction

text: It

text: rests

text: on

text: the

text: orders

text: of

text: General

text: DeWitt

text: And

text: it

text: is

text: said

text: that

text: if

text: the

text: military

text: commander

text: had

text: reasonable

text: military

text: grounds

text: for

text: promulgating

text: the

text: orders

text: they

text: are

text: constitutional

text: and

text: become

text: law

text: and

text: the

text: Court

text: is

text: required

text: to

text: enforce

text: them

text: There

text: are

text: several

text: reasons

text: why

text: I

text: cannot

text: subscribe

text: to

text: this

text: doctrine

text: It

text: would

text: be

text: impracticable

text: and

text: dangerous

text: idealism

text: to

text: expect

text: or

text: insist

text: that

text: each

text: specific

text: military

text: command

text: in

text: an

text: area

text: of

text: probable

text: operations

text: will

text: conform

text: to

text: conventional

text: tests

text: of

text: constitutionality

text: When

text: an

text: area

text: is

text: so

text: beset

text: that

text: it

text: must

text: be

text: put

text: under

text: military

text: control

text: at

text: all

text: the

text: paramount

text: consideration

text: is

text: that

text: its

text: measures

text: be

text: successful

text: rather

text: than

text: legal

text: The

text: armed

text: services

text: must

text: protect

text: a

text: society

text: not

text: merely

text: its

text: Constitution

text: The

text: very

text: essence

text: of

text: the

text: military

text: job

text: is

text: to

text: marshal

text: physical

text: force

text: to

text: remove

text: every

text: obstacle

text: to

text: its

text: effectiveness

text: to

text: give

text: it

text: every

text: strategic

text: advantage

text: Defense

text: measures

text: will

text: not

text: and

text: often

text: should

text: not

text: be

text: held

text: within

text: the

text: limits

text: that

text: bind

text: civil

text: authority

text: in

text: peace

text: No

text: court

text: can

text: require

text: such

text: a

text: commander

text: in

text: such

text: circumstances

text: to

text: act

text: as

text: a

text: reasonable

text: man

text: he

text: may

text: be

text: unreasonably

text: cautious

text: and

text: exacting

text: Perhaps

text: he

text: should

text: be

text: But

text: a

text: commander

text: in

text: temporarily

text: focusing

text: the

text: life

text: of

text: a

text: community

text: on

text: defense

text: is

text: carrying

text: out

text: a

text: military

text: program

text: he

text: is

text: not

text: making

text: law

text: in

text: the

text: sense

text: the

text: courts

text: know

text: the

text: term

text: He

text: issues

text: orders

text: and

text: they

text: may

text: have

text: a

text: certain

text: authority

text: as

text: military

text: commands

text: although

text: they

text: may

text: be

text: very

text: bad

text: as

text: constitutional

text: law

text: But

text: if

text: we

text: cannot

text: confine

text: military

text: expedients

text: by

text: the

text: Constitution

text: neither

text: would

text: I

text: distort

text: the

text: Constitution

text: to

text: approve

text: all

text: that

text: the

text: military

text: may

text: deem

text: expedient

text: That

text: is

text: what

text: the

text: Court

text: appears

text: to

text: be

text: doing

text: whether

text: consciously

text: or

text: not

text: I

text: cannot

text: say

text: from

text: any

text: evidence

text: before

text: me

text: that

text: the

text: orders

text: of

text: General

text: DeWitt

text: were

text: not

text: reasonably

text: expedient

text: military

text: precautions

text: nor

text: could

text: I

text: say

text: that

text: they

text: were

text: But

text: even

text: if

text: they

text: were

text: permissible

text: military

text: procedures

text: I

text: deny

text: that

text: it

text: follows

text: that

text: they

text: are

text: constitutional

text: If

text: as

text: the

text: Court

text: holds

text: it

text: does

text: follow

text: then

text: we

text: may

text: as

text: well

text: say

text: that

text: any

text: military

text: order

text: will

text: be

text: constitutional

text: and

text: have

text: done

text: with

text: it

text: The

text: limitation

text: under

text: which

text: courts

text: always

text: will

text: labor

text: in

text: examining

text: the

text: necessity

text: for

text: a

text: military

text: order

text: are

text: illustrated

text: by

text: this

text: case

text: How

text: does

text: the

text: Court

text: know

text: that

text: these

text: orders

text: have

text: a

text: reasonable

text: basis

text: in

text: necessity

text: No

text: evidence

text: whatever

text: on

text: that

text: subject

text: has

text: been

text: taken

text: by

text: this

text: or

text: any

text: other

text: court

text: There

text: is

text: sharp

text: controversy

text: as

text: to

text: the

text: credibility

text: of

text: the

text: DeWitt

text: report

text: So

text: the

text: Court

text: having

text: no

text: real

text: evidence

text: before

text: it

text: has

text: no

text: choice

text: but

text: to

text: accept

text: General

text: DeWitt

text: s

text: own

text: unsworn

text: self

text: serving

text: statement

text: untested

text: by

text: any

text: cross

text: examination

text: that

text: what

text: he

text: did

text: was

text: reasonable

text: And

text: thus

text: it

text: will

text: always

text: be

text: when

text: courts

text: try

text: to

text: look

text: into

text: the

text: reasonableness

text: of

text: a

text: military

text: order

text: In

text: the

text: very

text: nature

text: of

text: things

text: military

text: decisions

text: are

text: not

text: susceptible

text: of

text: intelligent

text: judicial

text: appraisal

text: They

text: do

text: not

text: pretend

text: to

text: rest

text: on

text: evidence

text: but

text: are

text: made

text: on

text: information

text: that

text: often

text: would

text: not

text: be

text: admissible

text: and

text: on

text: assumptions

text: that

text: could

text: not

text: be

text: proved

text: Information

text: in

text: support

text: of

text: an

text: order

text: could

text: not

text: be

text: disclosed

text: to

text: courts

text: without

text: danger

text: that

text: it

text: would

text: reach

text: the

text: enemy

text: Neither

text: can

text: courts

text: act

text: on

text: communications

text: made

text: in

text: confidence

text: Hence

text: courts

text: can

text: never

text: have

text: any

text: real

text: alternative

text: to

text: accepting

text: the

text: mere

text: declaration

text: of

text: the

text: authority

text: that

text: issued

text: the

text: order

text: that

text: it

text: was

text: reasonably

text: necessary

text: from

text: a

text: military

text: viewpoint

text: Much

text: is

text: said

text: of

text: the

text: danger

text: to

text: liberty

text: from

text: the

text: Army

text: program

text: for

text: deporting

text: and

text: detaining

text: these

text: citizens

text: of

text: Japanese

text: extraction

text: But

text: a

text: judicial

text: construction

text: of

text: the

text: due

text: process

text: clause

text: that

text: will

text: sustain

text: this

text: order

text: is

text: a

text: far

text: more

text: subtle

text: blow

text: to

text: liberty

text: than

text: the

text: promulgation

text: of

text: the

text: order

text: itself

text: A

text: military

text: order

text: however

text: unconstitutional

text: is

text: not

text: apt

text: to

text: last

text: longer

text: than

text: the

text: military

text: emergency

text: Even

text: during

text: that

text: period

text: a

text: succeeding

text: commander

text: may

text: revoke

text: it

text: all

text: But

text: once

text: a

text: judicial

text: opinion

text: rationalizes

text: such

text: an

text: order

text: to

text: show

text: that

text: it

text: conforms

text: to

text: the

text: Constitution

text: or

text: rather

text: rationalizes

text: the

text: Constitution

text: to

text: show

text: that

text: the

text: Constitution

text: sanctions

text: such

text: an

text: order

text: the

text: Court

text: for

text: all

text: time

text: has

text: validated

text: the

text: principle

text: of

text: racial

text: discrimination

text: in

text: criminal

text: procedure

text: and

text: of

text: transplanting

text: American

text: citizens

text: The

text: principle

text: then

text: lies

text: about

text: like

text: a

text: loaded

text: weapon

text: ready

text: for

text: the

text: hand

text: of

text: any

text: authority

text: that

text: can

text: bring

text: forward

text: a

text: plausible

text: claim

text: of

text: an

text: urgent

text: need

text: Every

text: repetition

text: imbeds

text: that

text: principle

text: more

text: deeply

text: in

text: our

text: law

text: and

text: thinking

text: and

text: expands

text: it

text: to

text: new

text: purposes

text: All

text: who

text: observe

text: the

text: work

text: of

text: courts

text: are

text: familiar

text: with

text: what

text: Judge

text: Cardozo

text: described

text: as

text: the

text: tendency

text: of

text: a

text: principle

text: to

text: expand

text: itself

text: to

text: the

text: limit

text: of

text: its

text: logic

text: A

text: military

text: commander

text: may

text: overstep

text: the

text: bounds

text: of

text: constitutionality

text: and

text: it

text: is

text: an

text: incident

text: But

text: if

text: we

text: review

text: and

text: approve

text: that

text: passing

text: incident

text: becomes

text: the

text: doctrine

text: of

text: the

text: Constitution

text: There

text: it

text: has

text: a

text: generative

text: power

text: of

text: its

text: own

text: and

text: all

text: that

text: it

text: creates

text: will

text: be

text: in

text: its

text: own

text: image

text: Nothing

text: better

text: illustrates

text: this

text: danger

text: than

text: does

text: the

text: Court

text: s

text: opinion

text: in

text: this

text: case

text: It

text: argues

text: that

text: we

text: are

text: bound

text: to

text: uphold

text: the

text: conviction

text: of

text: Korematsu

text: because

text: we

text: upheld

text: one

text: in

text: Hirabayashi

text: v

text: United

text: States

text: U

text: S

text: when

text: we

text: sustained

text: these

text: orders

text: in

text: so

text: far

text: as

text: they

text: applied

text: a

text: curfew

text: requirement

text: to

text: a

text: citizen

text: of

text: Japanese

text: ancestry

text: I

text: think

text: we

text: should

text: learn

text: something

text: from

text: that

text: experience

text: In

text: that

text: case

text: we

text: were

text: urged

text: to

text: consider

text: only

text: the

text: curfew

text: feature

text: that

text: being

text: all

text: that

text: technically

text: was

text: involved

text: because

text: it

text: was

text: the

text: only

text: count

text: necessary

text: to

text: sustain

text: Hirabayashi

text: s

text: conviction

text: and

text: sentence

text: We

text: yielded

text: and

text: the

text: Chief

text: Justice

text: guarded

text: the

text: opinion

text: as

text: carefully

text: as

text: language

text: will

text: do

text: He

text: said

text: Our

text: investigation

text: here

text: does

text: not

text: go

text: beyond

text: the

text: inquiry

text: whether

text: in

text: the

text: light

text: of

text: all

text: the

text: relevant

text: circumstances

text: preceding

text: and

text: attending

text: their

text: promulgation

text: the

text: challenged

text: orders

text: and

text: statute

text: afforded

text: a

text: reasonable

text: basis

text: for

text: the

text: action

text: taken

text: in

text: imposing

text: the

text: curfew

text: U

text: S

text: at

text: We

text: decide

text: only

text: the

text: issue

text: as

text: we

text: have

text: defined

text: it

text: we

text: decide

text: only

text: that

text: the

text: curfew

text: order

text: as

text: applied

text: and

text: at

text: the

text: time

text: it

text: was

text: applied

text: was

text: within

text: the

text: boundaries

text: of

text: the

text: war

text: power

text: U

text: S

text: at

text: And

text: again

text: It

text: is

text: unnecessary

text: to

text: consider

text: whether

text: or

text: to

text: what

text: extent

text: such

text: findings

text: would

text: support

text: orders

text: differing

text: from

text: the

text: curfew

text: order

text: U

text: S

text: at

text: Italics

text: supplied

text: However

text: in

text: spite

text: of

text: our

text: limiting

text: words

text: we

text: did

text: validate

text: a

text: discrimination

text: on

text: the

text: basis

text: of

text: ancestry

text: for

text: mild

text: and

text: temporary

text: deprivation

text: of

text: liberty

text: Now

text: the

text: principle

text: of

text: racial

text: discrimination

text: is

text: pushed

text: from

text: support

text: of

text: mild

text: measures

text: to

text: very

text: harsh

text: ones

text: and

text: from

text: temporary

text: deprivations

text: to

text: indeterminate

text: ones

text: And

text: the

text: precedent

text: which

text: it

text: is

text: said

text: requires

text: us

text: to

text: do

text: so

text: is

text: Hirabayashi

text: The

text: Court

text: is

text: now

text: saying

text: that

text: in

text: Hirabayashi

text: we

text: did

text: decide

text: the

text: very

text: things

text: we

text: there

text: said

text: we

text: were

text: not

text: deciding

text: Because

text: we

text: said

text: that

text: these

text: citizens

text: could

text: be

text: made

text: to

text: stay

text: in

text: their

text: homes

text: during

text: the

text: hours

text: of

text: dark

text: it

text: is

text: said

text: we

text: must

text: require

text: them

text: to

text: leave

text: home

text: entirely

text: and

text: if

text: that

text: we

text: are

text: told

text: they

text: may

text: also

text: be

text: taken

text: into

text: custody

text: for

text: deportation

text: and

text: if

text: that

text: it

text: is

text: argued

text: they

text: may

text: also

text: be

text: held

text: for

text: some

text: undetermined

text: time

text: in

text: detention

text: camps

text: How

text: far

text: the

text: principle

text: of

text: this

text: case

text: would

text: be

text: extended

text: before

text: plausible

text: reasons

text: would

text: play

text: out

text: I

text: do

text: not

text: know

text: I

text: should

text: hold

text: that

text: a

text: civil

text: court

text: cannot

text: be

text: made

text: to

text: enforce

text: an

text: order

text: which

text: violates

text: constitutional

text: limitations

text: even

text: if

text: it

text: is

text: a

text: reasonable

text: exercise

text: of

text: military

text: authority

text: The

text: courts

text: can

text: exercise

text: only

text: the

text: judicial

text: power

text: can

text: apply

text: only

text: law

text: and

text: must

text: abide

text: by

text: the

text: Constitution

text: or

text: they

text: cease

text: to

text: be

text: civil

text: courts

text: and

text: become

text: instruments

text: of

text: military

text: policy

text: Of

text: course

text: the

text: existence

text: of

text: a

text: military

text: power

text: resting

text: on

text: force

text: so

text: vagrant

text: so

text: centralized

text: so

text: necessarily

text: heedless

text: of

text: the

text: individual

text: is

text: an

text: inherent

text: threat

text: to

text: liberty

text: But

text: I

text: would

text: not

text: lead

text: people

text: to

text: rely

text: on

text: this

text: Court

text: for

text: a

text: review

text: that

text: seems

text: to

text: me

text: wholly

text: delusive

text: The

text: military

text: reasonableness

text: of

text: these

text: orders

text: can

text: only

text: be

text: determined

text: by

text: military

text: superiors

text: If

text: the

text: people

text: ever

text: let

text: command

text: of

text: the

text: war

text: power

text: fall

text: into

text: irresponsible

text: and

text: unscrupulous

text: hands

text: the

text: courts

text: wield

text: no

text: power

text: equal

text: to

text: its

text: restraint

text: The

text: chief

text: restraint

text: upon

text: those

text: who

text: command

text: the

text: physical

text: forces

text: of

text: the

text: country

text: in

text: the

text: future

text: as

text: in

text: the

text: past

text: must

text: be

text: their

text: responsibility

text: to

text: the

text: political

text: judgments

text: of

text: their

text: contemporaries

text: and

text: to

text: the

text: moral

text: judgments

text: of

text: history

text: My

text: duties

text: as

text: a

text: justice

text: as

text: I

text: see

text: them

text: do

text: not

text: require

text: me

text: to

text: make

text: a

text: military

text: judgment

text: as

text: to

text: whether

text: General

text: DeWitt

text: s

text: evacuation

text: and

text: detention

text: program

text: was

text: a

text: reasonable

text: military

text: necessity

text: I

text: do

text: not

text: suggest

text: that

text: the

text: courts

text: should

text: have

text: attempted

text: to

text: interfere

text: with

text: the

text: Army

text: in

text: carrying

text: out

text: its

text: task

text: But

text: I

text: do

text: not

text: think

text: they

text: may

text: be

text: asked

text: to

text: execute

text: a

text: military

text: expedient

text: that

text: has

text: no

text: place

text: in

text: law

text: under

text: the

text: Constitution

text: I

text: would

text: reverse

text: the

text: judgment

text: and

text: discharge

text: the

text: prisoner

text: NOTES

text: F

text: d

text: Hearings

text: before

text: the

text: Subcommittee

text: on

text: the

text: National

text: War

text: Agencies

text: Appropriation

text: Bill

text: for

text: Part

text: II

text: Final

text: Report

text: Japanese

text: Evacuation

text: from

text: the

text: West

text: Coast

text: Hearings

text: before

text: the

text: Committee

text: on

text: Immigration

text: and

text: Naturalization

text: House

text: of

text: Representatives

text: th

text: Cong

text: d

text: Sess

text: on

text: H

text: R

text: and

text: other

text: bills

text: to

text: expatriate

text: certain

text: nationals

text: of

text: the

text: United

text: States

text: pp

text: Fed

text: Reg

text: Fed

text: Reg

text: Stat

text: Fed

text: Reg

text: The

text: italics

text: in

text: the

text: quotation

text: are

text: mine

text: The

text: use

text: of

text: the

text: word

text: voluntarily

text: exhibits

text: a

text: grim

text: irony

text: probably

text: not

text: lost

text: on

text: petitioner

text: and

text: others

text: in

text: like

text: case

text: Either

text: so

text: or

text: its

text: use

text: was

text: a

text: disingenuous

text: attempt

text: to

text: camouflage

text: the

text: compulsion

text: which

text: was

text: to

text: be

text: applied

text: Fed

text: Reg

text: Fed

text: Reg

text: My

text: agreement

text: would

text: depend

text: on

text: the

text: definition

text: and

text: application

text: of

text: the

text: terms

text: temporary

text: and

text: emergency

text: No

text: pronouncement

text: of

text: the

text: commanding

text: officer

text: can

text: in

text: my

text: view

text: preclude

text: judicial

text: inquiry

text: and

text: determination

text: whether

text: an

text: emergency

text: ever

text: existed

text: and

text: whether

text: if

text: so

text: it

text: remained

text: at

text: the

text: date

text: of

text: the

text: restraint

text: out

text: of

text: which

text: the

text: litigation

text: arose

text: Cf

text: Chastleton

text: Corp

text: v

text: Sinclair

text: U

text: S

text: Final

text: Report

text: Japanese

text: Evacuation

text: from

text: the

text: West

text: Coast

text: by

text: Lt

text: Gen

text: J

text: L

text: DeWitt

text: This

text: report

text: is

text: dated

text: June

text: but

text: was

text: not

text: made

text: public

text: until

text: January

text: Further

text: evidence

text: of

text: the

text: Commanding

text: General

text: s

text: attitude

text: toward

text: individuals

text: of

text: Japanese

text: ancestry

text: is

text: revealed

text: in

text: his

text: voluntary

text: testimony

text: on

text: April

text: in

text: San

text: Francisco

text: before

text: the

text: House

text: Naval

text: Affairs

text: Subcommittee

text: to

text: Investigate

text: Congested

text: Areas

text: Part

text: pp

text: th

text: Cong

text: st

text: Sess

text: I

text: don

text: t

text: want

text: any

text: of

text: them

text: persons

text: of

text: Japanese

text: ancestry

text: here

text: They

text: are

text: a

text: dangerous

text: element

text: There

text: is

text: no

text: way

text: to

text: determine

text: their

text: loyalty

text: The

text: west

text: coast

text: contains

text: too

text: many

text: vital

text: installations

text: essential

text: to

text: the

text: defense

text: of

text: the

text: country

text: to

text: allow

text: any

text: Japanese

text: on

text: this

text: coast

text: The

text: danger

text: of

text: the

text: Japanese

text: was

text: and

text: is

text: now

text: if

text: they

text: are

text: permitted

text: to

text: come

text: back

text: espionage

text: and

text: sabotage

text: It

text: makes

text: no

text: difference

text: whether

text: he

text: is

text: an

text: American

text: citizen

text: he

text: is

text: still

text: a

text: Japanese

text: American

text: citizenship

text: does

text: not

text: necessarily

text: determine

text: loyalty

text: But

text: we

text: must

text: worry

text: about

text: the

text: Japanese

text: all

text: the

text: time

text: until

text: he

text: is

text: wiped

text: off

text: the

text: map

text: Sabotage

text: and

text: espionage

text: will

text: make

text: problems

text: as

text: long

text: as

text: he

text: is

text: allowed

text: in

text: this

text: area

text: The

text: Final

text: Report

text: p

text: casts

text: a

text: cloud

text: of

text: suspicion

text: over

text: the

text: entire

text: group

text: by

text: saying

text: that

text: while

text: it

text: was

text: believed

text: that

text: some

text: were

text: loyal

text: it

text: was

text: known

text: that

text: many

text: were

text: not

text: Italics

text: added

text: Final

text: Report

text: p

text: vii

text: see

text: also

text: pp

text: To

text: the

text: extent

text: that

text: assimilation

text: is

text: a

text: problem

text: it

text: is

text: largely

text: the

text: result

text: of

text: certain

text: social

text: customs

text: and

text: laws

text: of

text: the

text: American

text: general

text: public

text: Studies

text: demonstrate

text: that

text: persons

text: of

text: Japanese

text: descent

text: are

text: readily

text: susceptible

text: to

text: integration

text: in

text: our

text: society

text: if

text: given

text: the

text: opportunity

text: Strong

text: The

text: Second

text: Generation

text: Japanese

text: Problem

text: Smith

text: Americans

text: in

text: Process

text: Mears

text: Resident

text: Orientals

text: on

text: the

text: American

text: Pacific

text: Coast

text: Millis

text: The

text: Japanese

text: Problem

text: in

text: the

text: United

text: States

text: The

text: failure

text: to

text: accomplish

text: an

text: ideal

text: status

text: of

text: assimilation

text: therefore

text: cannot

text: be

text: charged

text: to

text: the

text: refusal

text: of

text: these

text: persons

text: to

text: become

text: Americanized

text: or

text: to

text: their

text: loyalty

text: to

text: Japan

text: And

text: the

text: retention

text: by

text: some

text: persons

text: of

text: certain

text: customs

text: and

text: religious

text: practices

text: of

text: their

text: ancestors

text: is

text: no

text: criterion

text: of

text: their

text: loyalty

text: to

text: the

text: United

text: States

text: Final

text: Report

text: pp

text: No

text: sinister

text: correlation

text: between

text: the

text: emperor

text: worshipping

text: activities

text: and

text: disloyalty

text: to

text: America

text: was

text: shown

text: Final

text: Report

text: p

text: The

text: charge

text: of

text: dual

text: citizenship

text: springs

text: from

text: a

text: misunderstanding

text: of

text: the

text: simple

text: fact

text: that

text: Japan

text: in

text: the

text: past

text: used

text: the

text: doctrine

text: of

text: jus

text: sanguinis

text: as

text: she

text: had

text: a

text: right

text: to

text: do

text: under

text: international

text: law

text: and

text: claimed

text: as

text: her

text: citizens

text: all

text: persons

text: born

text: of

text: Japanese

text: nationals

text: wherever

text: located

text: Japan

text: has

text: greatly

text: modified

text: this

text: doctrine

text: however

text: by

text: allowing

text: all

text: Japanese

text: born

text: in

text: the

text: United

text: States

text: to

text: renounce

text: any

text: claim

text: of

text: dual

text: citizenship

text: and

text: by

text: releasing

text: her

text: claim

text: as

text: to

text: all

text: born

text: in

text: the

text: United

text: States

text: after

text: See

text: Freeman

text: Genesis

text: Exodus

text: and

text: Leviticus

text: Genealogy

text: Evacuation

text: and

text: Law

text: Cornell

text: L

text: Q

text: and

text: authorities

text: there

text: cited

text: McWilliams

text: Prejudice

text: Final

text: Report

text: pp

text: We

text: have

text: had

text: various

text: foreign

text: language

text: schools

text: in

text: this

text: country

text: for

text: generations

text: without

text: considering

text: their

text: existence

text: as

text: ground

text: for

text: racial

text: discrimination

text: No

text: subversive

text: activities

text: or

text: teachings

text: have

text: been

text: shown

text: in

text: connection

text: with

text: the

text: Japanese

text: schools

text: McWilliams

text: Prejudice

text: Final

text: Report

text: pp

text: Such

text: persons

text: constitute

text: a

text: very

text: small

text: part

text: of

text: the

text: entire

text: group

text: and

text: most

text: of

text: them

text: belong

text: to

text: the

text: Kibei

text: movement

text: the

text: actions

text: and

text: membership

text: of

text: which

text: are

text: well

text: known

text: to

text: our

text: Government

text: agents

text: Final

text: Report

text: p

text: see

text: also

text: pp

text: vii

text: This

text: insinuation

text: based

text: purely

text: upon

text: speculation

text: and

text: circumstantial

text: evidence

text: completely

text: overlooks

text: the

text: fact

text: that

text: the

text: main

text: geographic

text: pattern

text: of

text: Japanese

text: population

text: was

text: fixed

text: many

text: years

text: ago

text: with

text: reference

text: to

text: economic

text: social

text: and

text: soil

text: conditions

text: Limited

text: occupational

text: outlets

text: and

text: social

text: pressures

text: encouraged

text: their

text: concentration

text: near

text: their

text: initial

text: points

text: of

text: entry

text: on

text: the

text: Pacific

text: Coast

text: That

text: these

text: points

text: may

text: now

text: be

text: near

text: certain

text: strategic

text: military

text: and

text: industrial

text: areas

text: is

text: no

text: proof

text: of

text: a

text: diabolical

text: purpose

text: on

text: the

text: part

text: of

text: Japanese

text: Americans

text: See

text: McWilliams

text: Prejudice

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: Final

text: Report

text: pp

text: This

text: dangerous

text: doctrine

text: of

text: protective

text: custody

text: as

text: proved

text: by

text: recent

text: European

text: history

text: should

text: have

text: absolutely

text: no

text: standing

text: as

text: an

text: excuse

text: for

text: the

text: deprivation

text: of

text: the

text: rights

text: of

text: minority

text: groups

text: See

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: Cf

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: In

text: this

text: instance

text: moreover

text: there

text: are

text: only

text: two

text: minor

text: instances

text: of

text: violence

text: on

text: record

text: involving

text: persons

text: of

text: Japanese

text: ancestry

text: McWilliams

text: What

text: About

text: Our

text: Japanese

text: Americans

text: Public

text: Affairs

text: Pamphlets

text: No

text: p

text: Final

text: Report

text: p

text: One

text: of

text: these

text: incidents

text: the

text: reputed

text: dropping

text: of

text: incendiary

text: bombs

text: on

text: an

text: Oregon

text: forest

text: occurred

text: on

text: Sept

text: a

text: considerable

text: time

text: after

text: the

text: Japanese

text: Americans

text: had

text: been

text: evacuated

text: from

text: their

text: homes

text: and

text: placed

text: in

text: Assembly

text: Centers

text: See

text: New

text: York

text: Times

text: Sept

text: p

text: col

text: Special

text: interest

text: groups

text: were

text: extremely

text: active

text: in

text: applying

text: pressure

text: for

text: mass

text: evacuation

text: See

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: McWilliams

text: Prejudice

text: Mr

text: Austin

text: E

text: Anson

text: managing

text: secretary

text: of

text: the

text: Salinas

text: Vegetable

text: Grower

text: Shipper

text: Association

text: has

text: frankly

text: admitted

text: that

text: We

text: re

text: charged

text: with

text: wanting

text: to

text: get

text: rid

text: of

text: the

text: Japs

text: for

text: selfish

text: reasons

text: We

text: do

text: It

text: s

text: a

text: question

text: of

text: whether

text: the

text: white

text: man

text: lives

text: on

text: the

text: Pacific

text: Coast

text: or

text: the

text: brown

text: men

text: They

text: came

text: into

text: this

text: valley

text: to

text: work

text: and

text: they

text: stayed

text: to

text: take

text: over

text: They

text: undersell

text: the

text: white

text: man

text: in

text: the

text: markets

text: They

text: work

text: their

text: women

text: and

text: children

text: while

text: the

text: white

text: farmer

text: has

text: to

text: pay

text: wages

text: for

text: his

text: help

text: If

text: all

text: the

text: Japs

text: were

text: removed

text: tomorrow

text: we

text: d

text: never

text: miss

text: them

text: in

text: two

text: weeks

text: because

text: the

text: white

text: farmers

text: can

text: take

text: over

text: and

text: produce

text: everything

text: the

text: Jap

text: grows

text: And

text: we

text: don

text: t

text: want

text: them

text: back

text: when

text: the

text: war

text: ends

text: either

text: Quoted

text: by

text: Taylor

text: in

text: his

text: article

text: The

text: People

text: Nobody

text: Wants

text: Sat

text: Eve

text: Post

text: May

text: See

text: notes

text: supra

text: Final

text: Report

text: p

text: vii

text: see

text: also

text: p

text: The

text: Final

text: Report

text: p

text: makes

text: the

text: amazing

text: statement

text: that

text: as

text: of

text: February

text: The

text: very

text: fact

text: that

text: no

text: sabotage

text: has

text: taken

text: place

text: to

text: date

text: is

text: a

text: disturbing

text: and

text: confirming

text: indication

text: that

text: such

text: action

text: will

text: be

text: taken

text: Apparently

text: in

text: the

text: minds

text: of

text: the

text: military

text: leaders

text: there

text: was

text: no

text: way

text: that

text: the

text: Japanese

text: Americans

text: could

text: escape

text: the

text: suspicion

text: of

text: sabotage

text: During

text: a

text: period

text: of

text: six

text: months

text: the

text: alien

text: tribunals

text: or

text: hearing

text: boards

text: set

text: up

text: by

text: the

text: British

text: Government

text: shortly

text: after

text: the

text: outbreak

text: of

text: the

text: present

text: war

text: summoned

text: and

text: examined

text: approximately

text: German

text: and

text: Austrian

text: aliens

text: These

text: tribunals

text: determined

text: whether

text: each

text: individual

text: enemy

text: alien

text: was

text: a

text: real

text: enemy

text: of

text: the

text: Allies

text: or

text: only

text: a

text: friendly

text: enemy

text: About

text: were

text: freed

text: from

text: internment

text: and

text: from

text: any

text: special

text: restrictions

text: and

text: only

text: were

text: interned

text: Kempner

text: The

text: Enemy

text: Alien

text: Problem

text: in

text: the

text: Present

text: War

text: Amer

text: Journ

text: of

text: Int

text: Law

text: House

text: Report

text: No

text: th

text: Cong

text: d

text: Sess

text: Nature

text: of

text: the

text: Judicial

text: Process

text: p