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The Japanese American Cases: The Rule of Law in Time of War (Landmark Law Cases and American Society)
Roger Daniels
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Description for The Japanese American Cases: The Rule of Law in Time of War (Landmark Law Cases and American Society)
Paperback. Series: Landmark Law Cases and American Society. Num Pages: 232 pages. BIC Classification: 1FPJ; 1KBB; 3JJH; JFSL3; LAZ; LNDC. Category: (G) General (US: Trade). Dimension: 216 x 140 x 20. Weight in Grams: 318.
After Pearl Harbor, President Roosevelt, claiming a never documented “military necessity,” ordered the removal and incarceration of 120,000 Japanese Americans during World War II solely because of their ancestry. As Roger Daniels movingly describes, almost all reluctantly obeyed their government and went peacefully to the desolate camps provided for them.
Daniels, however, focuses on four Nisei, second-generation Japanese Americans, who, aided by a handful of lawyers, defied the government and their own community leaders by challenging the constitutionality of the government’s orders. The 1942 convictions of three men—Min Yasui, Gordon Hirabayashi, and Fred Korematsu—who refused to go willingly were upheld by the Supreme Court in 1943 and 1944. But a woman, Mitsuye Endo, who obediently went to camp and then filed for a writ of habeas corpus, won her case. The Supreme Court subsequently ordered her release in 1944, following her two and a half years behind barbed wire.
Neither the cases nor the fate of law-abiding Japanese attracted much attention during the turmoil of global warfare; in the postwar decades they were all but forgotten. Daniels traces how, four decades after the war, in an America whose attitudes about race and justice were changing, the surviving Japanese Americans achieved a measure of political and legal justice. Congress created a commission to investigate the legitimacy of the wartime incarceration. It found no military necessity, but rather that the causes were “race prejudice, war hysteria, and a failure of political leadership.” In 1982 it asked Congress to apologise and award $20,000 to each survivor. A bill providing that compensation was finally passed and signed into law in 1988.
There is no way to undo a Supreme Court decision, but teams of volunteer lawyers, overwhelmingly Sansei—third-generation Japanese Americans—used revelations in 1983 about the suppression of evidence by federal attorneys to persuade lower courts to overturn the convictions of Hirabayashi and Korematsu.
Daniels traces the continuing changes in attitudes since the 1980s about the wartime cases and offers a sobering account that resonates with present-day issues of national security and individual freedom.
Daniels, however, focuses on four Nisei, second-generation Japanese Americans, who, aided by a handful of lawyers, defied the government and their own community leaders by challenging the constitutionality of the government’s orders. The 1942 convictions of three men—Min Yasui, Gordon Hirabayashi, and Fred Korematsu—who refused to go willingly were upheld by the Supreme Court in 1943 and 1944. But a woman, Mitsuye Endo, who obediently went to camp and then filed for a writ of habeas corpus, won her case. The Supreme Court subsequently ordered her release in 1944, following her two and a half years behind barbed wire.
Neither the cases nor the fate of law-abiding Japanese attracted much attention during the turmoil of global warfare; in the postwar decades they were all but forgotten. Daniels traces how, four decades after the war, in an America whose attitudes about race and justice were changing, the surviving Japanese Americans achieved a measure of political and legal justice. Congress created a commission to investigate the legitimacy of the wartime incarceration. It found no military necessity, but rather that the causes were “race prejudice, war hysteria, and a failure of political leadership.” In 1982 it asked Congress to apologise and award $20,000 to each survivor. A bill providing that compensation was finally passed and signed into law in 1988.
There is no way to undo a Supreme Court decision, but teams of volunteer lawyers, overwhelmingly Sansei—third-generation Japanese Americans—used revelations in 1983 about the suppression of evidence by federal attorneys to persuade lower courts to overturn the convictions of Hirabayashi and Korematsu.
Daniels traces the continuing changes in attitudes since the 1980s about the wartime cases and offers a sobering account that resonates with present-day issues of national security and individual freedom.
Product Details
Format
Paperback
Publication date
2013
Publisher
University Press of Kansas
Condition
New
Series
Landmark Law Cases and American Society
Number of Pages
232
Place of Publication
Kansas, United States
ISBN
9780700619269
SKU
V9780700619269
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-87
About Roger Daniels
Roger Daniels served as a consultant with the Commission on Wartime Relocation and Internment of Civilians. He is the Charles Phelps Taft Professor Emeritus of History at the University of Cincinnati, USA and author of more than a dozen books, including Prisoners without Trial; Concentration Camps, North America; and The Politics of Prejudice.
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