Question

Justice black became known as one of the staunchest defenders of the rights provided in the first ten amendments. is his decision in the korematsu case in keeping with his reputation

Answer 1

Justice Hugo Black's participation in the Supreme Court decision of Korematsu v. United States is not entirely consistent with his reputation for defending civil liberties due to the case's emphasis on national security over individual rights. Korematsu's conviction for refusing internment as a Japanese American was upheld by the Court in 1944 but vacated in 1983 due to uncovered governmental misconduct. This highlights the historical conflict between civil rights and national security, and the role of the courts in these matters.

Step-by-step explanation:

Justice Hugo Black, known for being a staunch defender of the rights provided in the first ten amendments, was part of the Supreme Court during the Korematsu v. United States case. In this case, the Supreme Court ruled 6-3 in favor of the government's ability to intern Japanese Americans during World War II, which on its face seems contrary to Justice Black's reputation for defending civil liberties. It is important to recognize that while Justice Black did defend the Bill of Rights vigorously, the decision in the Korematsu case reflected a period where national security was considered paramount, even at the expense of individual rights.

Fred Korematsu was a 22-year-old Japanese American citizen who was arrested for refusing an evacuation order and challenged his conviction on constitutional grounds. Despite the Supreme Court ruling against him, Korematsu's conviction was eventually vacated in 1983 when new evidence revealed the government had withheld critical information that there was no evidence of Japanese American espionage during World War II.

The Korematsu case demonstrates the tension between civil liberties and national security concerns, especially in times of war. It also underscores the potential for government overreach and the duties of the judiciary to scrutinize such actions rigorously. While Justice Black's decision did not align with his overall record of defending the Bill of Rights, it can be seen as a product of its time and the intense national security concerns of the era.

Answer 2

Here are the first 10 amendments of the U.S. Constitution
1. Freedom of speech, religion, press, etc. 2. Right to keep and bear arms. 3. The conditions for quartering soldiers. 4. Protection from unreasonable search and seizures. 5. Protection of Rights to life, liberty, and property 6. Right to a speedy trial. 7. Right to trial by jury. 8. Provision against excessive bail and cruel punishment before trial. 9. Rule of construction regarding the constitution; and 10. The rights of the states under the Constitution.

Justice Black's decision in the Korematsu case was a violation of Amendment 5: Protection of Rights to Life, Liberty, and Property.

In the case of Korematsu, a Japanese American citizen, his right to liberty was violated when the military imposed internment on all Japanese descent citizens. When he filed a case against the military action, the court sided with the military. In turn, they consented the act of depriving Korematsu his right to liberty.