The surprise attack on Pearl Harbor on December 7, 1941 gravely devastated the United States. Not only did it kill almost 2,500 men, wounded 1,000 more, the attack on Pearl Harbor marred the reputation of all Japanese Americans. [1] In February 1942 President Franklin D. Roosevelt approved the Executive Order 9066, removing all Japanese population from the “military areas” on the West Coast of the United States. This included all people with as little as a sixteenth of Japanese background. [2] About 120,000 people were displaced and resigned into different internment camps across the United States. [3] As a blatant violation of American Civil Rights, many may question whether the reasons behind this discriminatory act were justified.
During a panicked time for all American citizens, the entire Japanese population was subject to racial discriminatory assumptions and seen as dangerous. For a sense of security many politicians and American citizens agreed with the anti-Japanese movement. Which still does not justify the reasons for the Japanese to be incarcerated in internment camps because it may be argued to be unconstitutional. A multitude of constitutional rights were violated for the Japanese in regards to the interment camps and treatment in the camps.
Starting with the violations of the Bill of Rights, the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” [4] In the internment camps the Japanese were denied the right to freedom of religion. The major religions in Japan even to this day are Shinto and Buddhism. While in the internment camps Buddhist practices were heavily regulated and Shinto was forbidden. The camp administrators only promoted Christianity. [5] Also in terms of violating the first amendment, freedom of speech was also denied. The internment camps used English as the primary language and the use of the Japanese language was not allowed. The Japanese were also excluded from the rights stated in the First Amendment because they were the denied the right to assemble while in the interment camps. [6]
During a panicked time for all American citizens, the entire Japanese population was subject to racial discriminatory assumptions and seen as dangerous. For a sense of security many politicians and American citizens agreed with the anti-Japanese movement. Which still does not justify the reasons for the Japanese to be incarcerated in internment camps because it may be argued to be unconstitutional. A multitude of constitutional rights were violated for the Japanese in regards to the interment camps and treatment in the camps.
Starting with the violations of the Bill of Rights, the First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” [4] In the internment camps the Japanese were denied the right to freedom of religion. The major religions in Japan even to this day are Shinto and Buddhism. While in the internment camps Buddhist practices were heavily regulated and Shinto was forbidden. The camp administrators only promoted Christianity. [5] Also in terms of violating the first amendment, freedom of speech was also denied. The internment camps used English as the primary language and the use of the Japanese language was not allowed. The Japanese were also excluded from the rights stated in the First Amendment because they were the denied the right to assemble while in the interment camps. [6]
The Fifth Amendment was breached as well. This amendment guarantees that, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” [7] During the removal of the Japanese, their crimes and explanation of their charges were not disclosed to them. The Fifth Amendment assures that citizens cannot be held without indictment. [8]
In addition, the Eighth amendment was also ignored during the detainment of the Japanese. This amendment promises that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” [9] It can be argued that the internment camps were a form of “cruel and unusual punishment.” Though the camps were explained to try to imitate the average lifestyle of the Japanese, the conditions of the internment camps were simply unfavorable and seemed more similar to incarceration. [10]
Aside from the Bill of Rights being violated, there were also additional amendments denied in terms of the internment of the Japanese. According to the Fourteenth Amendment, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” [11] The Fourteenth Amendment was primarily adopted to guarantee equal rights for all and equal protection provided by the law. During the removal of the Japanese from the said “military areas,” the decision was solely based on the racial aspect and ancestry of the Japanese. The internment camps were also a depravity of the detained Japanese’s life and liberty. The government removed the citizens from the life that knew, took them away from their jobs and friends. Their property was also taken from them with is a violation of this Fourteenth Amendment, additionally their property was taken without just compensation which violates the Fifth Amendment as well. [12]
Though there were lawsuits regarding unconstitutional charges, no rulings by the Supreme Court were ever made.[13] The last of the Japanese internment camp was closed in March 1946. [14] Then, in 1988 Congress issued an official apology to those who were detained in the internment camps and compensation payment were made to the remaining survivors of the internment camps. There was an obvious injustice done to the Japanese after the bombing of Pearl Harbor. It can always be argued that these acts by the American government, ones who stand for freedom and justice, were unconstitutional.
[1] "Pearl Harbor - World War II," History, accessed March 31, 2015, http://www.history.com/topics/world-war-ii/pearl-harbor.
[2] "Japanese Americans," PBS: Public Broadcasting Service, Last modified September 1, 2007, http://www.pbs.org/thewar/at_home_civil_rights_japanese_american.htm.
[3] John Leo, “The Internment Taboo,” U.S. News & World Report. 137, no. 10: 74.
[4] "Bill of Rights," Bill of Rights Institute, accessed April 2, 2015, http://billofrightsinstitute.org/founding-documents/bill-of-rights/.
[5] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now, Sacramento, CA: Senate Publications, 2000.
[6] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[7] “Amendment 5,” National Constitution Center, accessed, April 2, 2015, http://constitutioncenter.org/constitution/the-amendments/amendment-5-trial-and-punishment-compensation-for-takings.
[8] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[9] "Bill of Rights."
[10] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[11] “Amendment 14,” National Constitution Center, accessed March 31, 2015, http://constitutioncenter.org/constitution/the-amendments/amendment-14-citizenship-rights.
[12] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[13] "Japanese Americans."
[14] "Japanese-American Relocation - World War II," History, accessed March 31, 2015. http://www.history.com/topics/world-war-ii/japanese-american-relocation.
References:
Bill of Rights Institute. "Bill of Rights." Bill of Rights Institute. Accessed April 2, 2015.
http://billofrightsinstitute.org/founding-documents/bill-of-rights/.
Gans, David. 2007. The Unitary Fourteenth Amendment. Emory Law Journal. 56: 907-
1701.
History. "Japanese-American Relocation - World War II." HISTORY.com. Accessed
March 31, 2015. http://www.history.com/topics/world-war-ii/japanese-american-relocation.
History. "Pearl Harbor - World War II." HISTORY.com. Accessed March 31, 2015.
http://www.history.com/topics/world-war-ii/pearl-harbor.
LegiSchool Project (Calif.). The Japanese-American Internment During WWII: A
Discussion of Civil Liberties Then and Now. Sacramento, CA: Senate Publications, 2000.
Leo, John. 2004. The Internment Taboo. U.S. News & World Report. 137, no. 10: 74.
National Constitution Center. "Amendment 5." National Constitution Center –
Constitutioncenter.org. Accessed April 2, 2015. http://constitutioncenter.org/constitution/the-amendments/amendment-5-trial-and-punishment-compensation-for-takings.
National Constitution Center. "Amendment 14." National Constitution Center –
Constitutioncenter.org. Accessed March 31, 2015. http://constitutioncenter.org/constitution/the-amendments/amendment-14-citizenship-rights.
PBS: Public Broadcasting Service. "Japanese Americans." PBS: Public Broadcasting
Service. Last modified September 1, 2007. http://www.pbs.org/thewar/at_home_civil_rights_japanese_american.htm.
In addition, the Eighth amendment was also ignored during the detainment of the Japanese. This amendment promises that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” [9] It can be argued that the internment camps were a form of “cruel and unusual punishment.” Though the camps were explained to try to imitate the average lifestyle of the Japanese, the conditions of the internment camps were simply unfavorable and seemed more similar to incarceration. [10]
Aside from the Bill of Rights being violated, there were also additional amendments denied in terms of the internment of the Japanese. According to the Fourteenth Amendment, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” [11] The Fourteenth Amendment was primarily adopted to guarantee equal rights for all and equal protection provided by the law. During the removal of the Japanese from the said “military areas,” the decision was solely based on the racial aspect and ancestry of the Japanese. The internment camps were also a depravity of the detained Japanese’s life and liberty. The government removed the citizens from the life that knew, took them away from their jobs and friends. Their property was also taken from them with is a violation of this Fourteenth Amendment, additionally their property was taken without just compensation which violates the Fifth Amendment as well. [12]
Though there were lawsuits regarding unconstitutional charges, no rulings by the Supreme Court were ever made.[13] The last of the Japanese internment camp was closed in March 1946. [14] Then, in 1988 Congress issued an official apology to those who were detained in the internment camps and compensation payment were made to the remaining survivors of the internment camps. There was an obvious injustice done to the Japanese after the bombing of Pearl Harbor. It can always be argued that these acts by the American government, ones who stand for freedom and justice, were unconstitutional.
[1] "Pearl Harbor - World War II," History, accessed March 31, 2015, http://www.history.com/topics/world-war-ii/pearl-harbor.
[2] "Japanese Americans," PBS: Public Broadcasting Service, Last modified September 1, 2007, http://www.pbs.org/thewar/at_home_civil_rights_japanese_american.htm.
[3] John Leo, “The Internment Taboo,” U.S. News & World Report. 137, no. 10: 74.
[4] "Bill of Rights," Bill of Rights Institute, accessed April 2, 2015, http://billofrightsinstitute.org/founding-documents/bill-of-rights/.
[5] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now, Sacramento, CA: Senate Publications, 2000.
[6] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[7] “Amendment 5,” National Constitution Center, accessed, April 2, 2015, http://constitutioncenter.org/constitution/the-amendments/amendment-5-trial-and-punishment-compensation-for-takings.
[8] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[9] "Bill of Rights."
[10] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[11] “Amendment 14,” National Constitution Center, accessed March 31, 2015, http://constitutioncenter.org/constitution/the-amendments/amendment-14-citizenship-rights.
[12] LegiSchool Project (Calif.), The Japanese-American Internment During WWII: A Discussion of Civil Liberties Then and Now.
[13] "Japanese Americans."
[14] "Japanese-American Relocation - World War II," History, accessed March 31, 2015. http://www.history.com/topics/world-war-ii/japanese-american-relocation.
References:
Bill of Rights Institute. "Bill of Rights." Bill of Rights Institute. Accessed April 2, 2015.
http://billofrightsinstitute.org/founding-documents/bill-of-rights/.
Gans, David. 2007. The Unitary Fourteenth Amendment. Emory Law Journal. 56: 907-
1701.
History. "Japanese-American Relocation - World War II." HISTORY.com. Accessed
March 31, 2015. http://www.history.com/topics/world-war-ii/japanese-american-relocation.
History. "Pearl Harbor - World War II." HISTORY.com. Accessed March 31, 2015.
http://www.history.com/topics/world-war-ii/pearl-harbor.
LegiSchool Project (Calif.). The Japanese-American Internment During WWII: A
Discussion of Civil Liberties Then and Now. Sacramento, CA: Senate Publications, 2000.
Leo, John. 2004. The Internment Taboo. U.S. News & World Report. 137, no. 10: 74.
National Constitution Center. "Amendment 5." National Constitution Center –
Constitutioncenter.org. Accessed April 2, 2015. http://constitutioncenter.org/constitution/the-amendments/amendment-5-trial-and-punishment-compensation-for-takings.
National Constitution Center. "Amendment 14." National Constitution Center –
Constitutioncenter.org. Accessed March 31, 2015. http://constitutioncenter.org/constitution/the-amendments/amendment-14-citizenship-rights.
PBS: Public Broadcasting Service. "Japanese Americans." PBS: Public Broadcasting
Service. Last modified September 1, 2007. http://www.pbs.org/thewar/at_home_civil_rights_japanese_american.htm.