Korematsu v. United States (dissent)

E80672

Korematsu v. United States (dissent) is Justice Robert H. Jackson’s famous Supreme Court opinion condemning the wartime internment of Japanese Americans and warning against validating racial discrimination under the Constitution.

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Generate an image of a korematsu v. United States (dissent) (Korematsu v. United States (dissent) is Justice Robert H. Jackson’s famous Supreme Court opinion condemning the wartime internment of Japanese Americans and warning against validating racial discrimination under the Constitution.)

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Statements (47)

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

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Robert H. Jackson → notableWork → Korematsu v. United States (dissent) ⓘ
Equal Protection Clause → basisFor → Korematsu v. United States (majority and later criticism) ⓘ
linked to: Korematsu v. United States (dissent)