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Topic: Hirabayashi v United States

	Encyclopedia :: encyclopedia : United States dollar (Site not responding. Last check: 2007-10-30)
		The United States Mint also produces gold and platinum bullion coins, called "American Eagles", all of which are legal tender though their use in everyday transactions is virtually non-existent.
		Even foreign companies with little direct presence in the United States, such as the European company Airbus, list and sell their products in dollars, although some argue this is attributed to the aerospace market being dominated by US companies.
		The first dollar coins issued by the United States mint were of the same size and composition as the Spanish dollar and even after the American Revolutionary War the Spanish and U.S. silver dollars circulated side by side in the United States.
	www.hallencyclopedia.com /United_States_dollar (3055 words)

	HIRABAYASHI v
		United States, 312 U.S. The curfew order which appellant violated, and to which the sanction prescribed by the Act of Congress has been deemed to attach, purported to be issued pursuant to an Executive Order of the President.
		For reasons presently to be stated, we conclude that it was within the constitutional power of Congress and the executive arm of the Government to prescribe this curfew order for the period under consideration and that its promulgation by the military commander involved no unlawful delegation of legislative power.
		We have stated in detail facts and circumstances with respect to the American citizens of Japanese ancestry residing on the Pacific Coast which support the judgment of the war-waging branches of the Government that some restrictive measure was urgent.
	plaza.ufl.edu /edale/HIRABAYASHI.htm (7980 words)

	Gordon K
		Hirabayashi refused to honor the curfew or to report to the control station because he believed that the military orders [593] were based upon racial prejudice and violated[*2] the protection the Constitution affords to all citizens.
		Hirabayashi further alleged that the government concealed these matters from his counsel and the Supreme Court, and that had the Supreme Court known the true basis for the orders, the ultimate decision in the case would probably have been different.
		Hirabayashi went instead to the FBI where he volunteered that he had not abided by the curfew restrictions and that he, as a matter of conscience, would not register with the civilian control station.
	www.uwosh.edu /greatideas/harris/HIRABAYASHI_2.htm (9829 words)

	Korematsu v. United States - Wikipedia, the free encyclopedia
		United States, 323 U.S.), was a landmark United States Supreme Court case which asked the question, "Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent?"
		Justice Murphy filed a dissenting opinion castigating the majority opinion as a "legalization of racism." After sharply criticizing the racial basis for the internment program, he concluded, "All residents of this nation are kin in some way by blood or culture to a foreign land.
		As earlier stated, Korematsu challenged the earlier decision in 1983, and his conviction was overturned, though the larger issue of internment was not addressed [1].
	en.wikipedia.org /wiki/Korematsu_v._United_States (1423 words)

	Korematsu v United States
		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.
		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 those of Japanese ancestry from the West Coast war area at the time they did.
		United States, 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.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/korematsu.html (3803 words)

	YASUI v. UNITED STATES - 320 U.S. 115; 63 S. Ct. 1392; 1943 U.S No. 871 SUPREME COURT OF THE UNITED STATES
		The validity of the curfew was considered in the Hirabayashi case, and this case presents the same issues as the conviction on Count 2 of the indictment in that case.
		Since we hold, as in the Hirabayashi case, that the curfew order was valid as applied to citizens, it follows that appellant's citizenship was not relevant to the issue tendered by the Government and the conviction must be sustained for the reasons stated in the Hirabayashi case.
		United States,282 U.S. The conviction will be sustained but the judgment will be vacated and the cause remanded to the district court for resentence of appellant, and to afford that court opportunity to strike its findings as to appellant's loss of United States citizenship.
	bss.sfsu.edu /internment/320US115.html (626 words)

	Korematsu v. United States: The U.S. Supreme Court Upholds Internment
		United States, a case brought by Fred T. Korematsu, a Nisei (an American-born person whose parents were born in Japan).
		Here, as in the Hirabayashi case, 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.
		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.
	historymatters.gmu.edu /d/5151 (2295 words)

	Court Challenges > The Camps Experience \| Exploring JAI (Site not responding. Last check: 2007-10-30)
		The Constitutionality of the internment were challenged in the courts as early as 1942 in the cases of Hirabayashi v.
		Gordon Hirabayashi, a second generation Japanese American, born and raised in Washington, was a senior at the University of Washington.
		Hirabayashi was arrested and convicted on two counts, one for violating General DeWitt's curfew order, and two, for failing to register at a control center to prepare for departure to an "assembly" center.
	www.jainternment.org /camps/court.html (851 words)

	New York Times v. United States, (1971)
		If the United States were to have judgment under such a standard in these cases, our decision would be of little guidance to other courts in other cases, for the material at issue here would not be available from the Court's opinion or from public records, nor would it be published by the press.
		I believe that the judgment of the United States Court of Appeals for the District of Columbia Circuit should be affirmed and the judgment of the United States Court of Appeals for the Second Circuit should be reversed insofar as it remands the case for further hearings.
		United States, 354 U.S. Here there is no question but that the material sought to be suppressed is within the protection of the First Amendment; the only question is whether, notwithstanding that fact, its publication may be enjoined for a time because of the presence of an overwhelming national interest.
	www.lectlaw.com /files/case25.htm (12507 words)

	LOVING v. VIRGINIA, 388 U.S. 1 (1967) -- US Supreme Court Cases from Justia & Oyez
		In Naim, the state court concluded that the State's legitimate purposes were "to preserve the racial integrity of its citizens," and to prevent "the corruption of blood," "a mongrel breed of citizens," and "the obliteration of racial pride," obviously an endorsement of the doctrine of White Supremacy.
		United States, 320 U.S. At the very least, the Equal Protection Clause demands that racial classifications, especially suspect in criminal statutes, be subjected to the "most rigid scrutiny," Korematsu v.
		United States, 323 U.S. (1944), and, if they are ever to be upheld, they must be shown to be necessary to the accomplishment of some permissible state objective, independent of the racial discrimination which it was the object of the Fourteenth Amendment to eliminate.
	www.justia.us /us/388/1/case.html (2912 words)

	KOREMATSU V. UNITED STATES (1944)
		Within a few weeks the demand spread that Japanese Americans, both naturalized citizens as well as those born in the United States, any of whom might be "saboteurs" or "spies," be removed from the West Coast before the Japanese invaded.
		United States (1943), the Court sustained the legitimacy of the curfew, but evaded ruling on the wider implications of relocation.
		United States, the Court could no longer ignore the core issue of whether loyal citizens could be summarily relocated to detention camps solely on the basis of their race.
	usinfo.state.gov /usa/infousa/facts/democrac/65.htm (1746 words)

	KOREMATSU v. UNITED STATES, 323 U.S. 214 (1944). (Site not responding. Last check: 2007-10-30)
		United States, 320 U.S. 81, 63 S.Ct. 1375, we sustained a conviction obtained for violation of the curfew order.
		It argues that we are bound to uphold the conviction of Korematsu because we upheld one in Kiyshi Hirabayashi v.
		United States, 320 U.S. 81, 63 S.Ct. 1375, when we sustained these orders in so far as they applied a curfew requirement to a citizen of Japanese ancestry.
	www.agh-attorneys.com /4_korematsu_v_US.htm (6091 words)

	HIRABAYASHI v. UNITED STATES
		He also stated to the Senate that 'reasons for suspected widespread fifth-column activity among Japanese' were to be found in the system of dual citizenship which Japan deemed applicable to American- [320 U.S. 81, 91] born Japanese, and in the propaganda disseminated by Japanese consuls, Buddhist priests and other leaders, among American-born children of Japanese.
		Of the 126, 000 persons of Japanese descent in the United States, citizens and non- citizens, approximately 112,000 resided in California, Oregon and Washington at the time of the adoption of the military regulations.
		We have stated in detail facts and circumstances with respect to the American citizens of Japanese ancestry residing on the Pacific Coast which support the judgment of the warwaging branches of the Government that some restrictive measure was urgent.
	www.tourolaw.edu /patch/Hirabayashi (5084 words)

	TOYOSABURO KOREMATSU v. UNITED STATES, 323 U.S. 214 (1944)
		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 [323 U.S. 214, 218] those of Japanese ancestry from the West Coast war area at the time they did.
		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.
	bss.sfsu.edu /internment/korematsu.html (9053 words)

	Companion case to Korematsu- Hirabayashi v. United States, 320 U.S. 81, 95, 63 S.Ct. 1375, 1383, 87 L.Ed. 1774 (1943)
		There is support for the view that social, economic and political conditions which have prevailed since the close of the last century, when the Japanese began to come to this country in substantial numbers, have intensified their solidarity and have in large measure prevented their assimilation as an integral part of the white population.
		The restrictions, both practical and legal, affecting the privileges and opportunities afforded to persons of Japanese extraction residing in the United States, have been sources of irritation and may well have tended to increase their isolation, and in many instances their attachments to Japan and its institutions.
		Sixteenth Census of the United States, for 1940, Population, Second Series, Characteristics of the Population (Dept. of Commerce): California, pp.
	biotech.law.lsu.edu /cases/pp/Hirabayashi.htm (7518 words)

	Korematsu v. United States
		United States, 320 U.S., fail to sustain the military order which made the conduct now in controversy a crime.
		Kentucky Distilleries Co., 251 U.S. 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 subtleties not reasonably to be attributed to the hard-headed Framers, of whom a majority had had actual participation in war.
		United States, 216 U.S. 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.
	www.law.cornell.edu /supct/html/historics/USSC_CR_0323_0214_ZC.html (581 words)

	Matus-Leva v. United States
		United States Court of Appeals for the Ninth Circuit
		Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding.
		The United States Supreme Court has held that district courts have the power to issue the writ under the All Writs Act, 28 U.S.C. § 1651(a).
	www.law.com /regionals/ca/opinions/apr/0155315.shtml (978 words)

	Search Tuna Report for gordon hirabayashi (Site not responding. Last check: 2007-10-30)
		Biography Gordon Kiyoshi Hirabayashi activist Born: 1918 Birthplace: Seattle, Wash. An American of Japanese ancestry, Hirabayashi was a sociology student at the University of Washington in Seattle when World War II broke out.
		Hirabayashi's case was appealed and eventually was heard by the Supreme Court....
		A United States citizen of Japanese ancestry, Hirabayashi was imprisoned for violating a curfew law and refusing to evacuate to an interment camp during World War II Forty-four years later, his conviction was overturned on the basis that he was not given due process as guaranteed under the Constitution....
	www.searchtuna.com /ftlive2/1061.html (2221 words)

	Hirabayashi v. United States
		He also stated to the Senate that 'reasons for suspected widespread fifth-column activity among Japanese' were to be found in the system of dual citizenship which Japan deemed applicable to American-born Japanese, and in the propaganda disseminated by Japanese consuls, Buddhist priests and other leaders, among American-born children of Japanese.
		The actions taken must be appraised in the light of the conditions with which the President and Congress were confronted in the early months of 1942, many of which since disclosed, were then peculiarly within the knowledge of the military authorities.
		We have consistently held that attempts to apply regulatory action to particular groups solely on the basis of racial distinction or classification is not in accordance with due process of law as prescribed by the Fifth and Fourteenth Amendments.
	www.citizensource.com /Judiciary/Opinions/Hirabayashi.htm (7700 words)

	Primary Document: Toyosaburo Korematsu v. United States
		United States, 320 U.S. 81, 63 S.Ct. 1375, fail to sustain the military order which made the conduct now in controversy a crime.
		United States, supra, 320 U.S. at page 93, 63 S.Ct. at page 1382 and see Home Bldg.
		United States, 216 U.S. 177, 30 S.Ct. 356.
	faculty.washington.edu /qtaylor/documents/korematsu_v_us.htm (7626 words)

	Japanese Internment in World War II
		More than 2/3 of the Japanese who were interned in the spring of 1942 were citizens of the United States.
		Though families were generally kept together in the United States, Canada sent male evacuees to work in road camps or on sugar beet projects.
		Two important legal cases were brought against the United States concerning the internment.
	www.infoplease.com /spot/internment1.html (752 words)

	HIRABAYASHI v. UNITED STATES
		But if it were plain that no machinery was available whereby the individual could demonstrate his loyalty as a citizen in order to be reclassified, questions of a more serious character would be presented.
		It is sufficient to say that he cannot test in that way the validity of the orders as applied to him.
		United States, 5 Cir., 129 F.2d 262; Drumheller v.
	www.tourolaw.edu /patch/Hirabayashi/Douglas.asp (1331 words)

	UH Law Center - Korematsu v. United States
		United States (1943), which concerned the legality of a curfew order directed at persons of Japanese ancestry living on the West Coast.
		We are unable to conclude that it was beyond the war power of Congress and the Executive to exclude those of Japanese ancestry from the West Coast area at the time they did.
		Like curfew, exclusion of those Japanese origin was deemed necessary because of the presence of an unascertained number of disloyal members of the group, most of whom we have no doubt were loyal to this country.
	www.law.uh.edu /teacher/korematsu/decision.html (936 words)

	A Personal Matter: Gordon Hirabayashi v. the United States
		The story of Gordon Hirabayashi is not so much about a man of Japanese ancestry fighting against the injustice of being forced into a relocation camp as it is a story of an American fighting for his Constitutional rights.
		Hirabayashi had been brought up in his Washington hometown embracing the principles and ideals of the US Constitution.
		After he was first arrested for violating a curfew against resident aliens, and then again for defying the relocation order, his thoughts were, "This can't happen...this is America!" The video follows Hirabayashi's struggles all the way to the Supreme Court.
	www.lib.berkeley.edu /MRC/PersonalMatter.html (418 words)

	Salem Press
		Perhaps the least understood branches of American government are the judiciary branches of the state and federal governments.
		The United States has a dual judicial system composed of federal and state courts that are organized as separate and independent systems; these systems are integrated and coordinated in subtle and complex accommodations of judicial federalism.
		Actions undertaken by members of the various state and federal executive and legislative branches tend to be more visible than what judges and justices do.
	salempress.com /Store/samples/us_court_cases/us_court_cases.htm (896 words)

	ACLU (Site not responding. Last check: 2007-10-30)
		In the organization's most famous early case it assisted in the defense of John T. Scopes, a Tennessee science teacher who was tried in 1925 for violating a state law prohibiting the teaching of evolution in the public schools.
		United States, 323 U.S. 214 (1944) cases, the organization's position that fundamental individual rights should not be sacrificed in wartime was affirmed in 1988 when the United States Congress approved legislation labeling the internment a ``grave injustice,'' and the U.S. government paid $20,000 in reparations to each surviving internee.
		The ACLU's strong position in favor of the separation of church and state has made it a target of fundamentalist groups and their allies.
	www.freestone.com /aclu.html (3193 words)

	Documents: 20th Century
		Maps are provided from the Perry-Castañeda Map Library at the University of Texas and the Atlas Section of the History Department United States Military Academy.
		At the turn of the century existing state laws were poorly enforced, and numerous scandals over adulterated and spoiled food — one even involving the army — had gained national notoriety.
		He further argued that compromise with such a system as Communism was impossible, and that the policy of the United States should be one of "containment", i.e., using every means short of direct conflict to check Soviet expansion in the world, primarily in areas of direct American interest.
	www.citizensource.com /History/20thCen.htm (3632 words)

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