Question

1. The statement below by Justice Hugo Black is from the decision of the U.S. Supreme Court in Korematsu v. United States (1944).

"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... authorities feared an invasion of our West Coast and felt constrained to take proper security measures."
Based on this excerpt, with which statement would Justice Black have agreed?
The Supreme Court lacks the power to block executive orders made during wartime
Only the Supreme Court can legally deprive citizens of rights and liberties
Individual rights can be restricted if a clear and present danger exists
Individual rights must be maintained at all costs even in national emergencies

Answer 1

The correct answer is C. Individual rights can be restricted if there is a clear and present danger.

During World War II the provision was made that soldiers of Japanese descent should be relocated and sent to internment camps. This caused a stir in one of the soldiers named Fred Korematsu who refused, arguing that his rights as a US citizen were being violated. However, one of the judges who led this trial named Hugo Black considered that the national security of the United States was a priority during the war for which it was necessary to avoid Japanese espionage because this was considered a clear and persistent danger. In addition, it was argued that it was not a segregation action against Fred Korematsu but the result of a military decision to counter Japan's warlike actions. So, the correct abswer is C. Individual rights can be restricted if there is a clear and present danger.