toyosaburo korematsu argued decided december rehearing denied see wayne collins san francisco charles horsky washington petitioner charles fahy sol washington respondent justice black delivered opinion petitioner american citizen japanese descent convicted federal district remaining san leandro california area contrary civilian exclusion order commanding general western command army directed may persons japanese ancestry excluded area question raised petitioner loyalty circuit appeals importance constitutional question involved caused us grant certiorari noted begin legal restrictions curtail civil rights single racial group immediately suspect say restrictions unconstitutional say courts must subject rigid scrutiny pressing public necessity may sometimes justify existence restrictions racial antagonism never instant case prosecution petitioner begun information charging violation act congress march stat provides whoever shall enter remain leave commit act military area military zone prescribed authority executive order president secretary war military commander designated secretary war contrary restrictions applicable area zone contrary order secretary war military commander shall appears knew known existence extent restrictions order act violation thereof guilty misdemeanor upon conviction shall liable fine exceed imprisonment one year offense exclusion order petitioner knowingly admittedly violated one number military orders proclamations stantially based upon executive order order issued war japan declared successful prosecution war requires every possible protection espionage sabotage material premises utilities one series orders proclamations curfew order like exclusion order promulgated pursuant executive order subjected persons japanese ancestry prescribed west coast military areas remain residences case exclusion order prior curfew order designed espionage sabotage kiyoshi hirabayashi sustained conviction obtained violation curfew order hirabayashi conviction one thus rest congressional act basic executive military orders orders aimed twin dangers espionage sabotage act attacked hirabayashi case unconstitutional delegation power contended curfew order orders rested beyond war powers congress military authorities president commander chief army finally apply curfew order none citizens japanese ancestry amounted constitutionally prohibited discrimination solely account race questions gave serious consideration importance justified upheld curfew order exercise power government take steps necessary prevent espionage sabotage area threatened japanese attack light principles announced hirabayashi case unable conclude beyond war power congress executive exclude japanese ancestry west coast war area time true exclusion area one home located far greater deprivation constant confinement home nothing short apprehension proper military authorities gravest imminent danger public safety constitutionally justify either exclusion threatened area less curfew definite close relationship prevention espionage sabotage military authorities charged primary responsibility defending shores concluded curfew provided inadequate protection ordered exclusion pointed hirabayashi opinion accordance congressional authority military say remain threatened areas case petitioner challenges assumptions upon rested conclusions hirabayashi case also urges may order promulgated danger japanese invasion west coast disappeared careful consideration contentions compelled reject hirabayashi case supra page page reject unfounded judgment military authorities congress disloyal members population whose number strength precisely quickly ascertained say branches government ground believing critical hour persons readily isolated separately dealt constituted menace national defense safety demanded prompt adequate measures taken guard like curfew exclusion japanese origin deemed necessary presence unascertained number disloyal members group doubt loyal country reject finding military authorities impossible bring immediate segregation disloyal loyal sustained validity curfew order applying whole group instant case temporary exclusion entire group rested military ground judgment exclusion whole group reason military imperative answers contention exclusion nature group punishment based antagonism japanese origin members group retained loyalties japan confirmed investigations made subsequent exclusion approximately five thousand american citizens japanese ancestry refused swear unqualified allegiance renounce allegiance japanese emperor several thousand evacuees requested repatriation japan uphold exclusion order time made petitioner violated cf chastleton corporation sinclair block hirsh unmindful hardships imposed upon large group american citizens cf ex parte kumezo kawato hardships part war war aggregation hardships citizens alike uniform feel impact war greater lesser measure citizenship responsibilities well privileges time war burden always heavier compulsory exclusion large groups citizens homes except circumstances direst emergency peril inconsistent basic governmental institutions conditions modern warfare shores threatened hostile forces power protect must commensurate threatened danger argued may date petitioner charged remaining prohibited area conflicting orders outstanding forbidding leave area remain course person convicted thing crime fail outstanding orders contained contradictory commands order issued march prohibited petitioner others japanese ancestry leaving area effect specifically limited time extent future proclamation order permit direct order one violation petitioner convicted issued may exclusion area persons japanese ancestry noon may furthermore contained warning persons found prohibited area liable punishment march act congress consequently order effect touching petitioner area may date specified information may order prohibited remaining order stipulated trial violated knowing existence therefore basis argument may subject punishment march may orders whether remained left area appear however may effective date exclusion order military authorities already determined evacuation effected assembling together placing guard japanese ancestry central points designated centers order insure orderly evacuation resettlement japanese voluntarily migrating military area restrict regulate migration public proclamation may elevan days time petitioner charged unlawfully remaining area civilian restrictive order provided detention japanese ancestry assembly relocation centers argued validity exclusion order considered apart orders requiring departure area report remain assembly relocation center contention must treat separate orders one inseparable reason detention assembly relocation center illegally deprived petitioner liberty exclusion order conviction stand thus asked pass time upon whole subsequent detention program assembly relocation centers although issues framed trial related petitioner remaining prohibited area violation exclusion order petitioner left prohibited area gone assembly center say either matter fact law presence center resulted detention relocation center report assembly center sent relocation centersbut released upon condition remain outside prohibited zone military orders modified lifted illustrates pose different problems may governed different principles lawfulness one necessarily determine lawfulness others made clear analyze requirements separate provisions separate orders separate requirements japanese ancestry depart area report temporarily remain assembly center go military control relocation center remain indeterminate period released conditionally unconditionally military authorities requirements noted imposed distinct duties connection separate steps complete evacuation program congress directly incorporated one act language separate orders provided sanctions violations disobedience one constituted separate offense cf blockburger reason violations orders insofar promulgated pursuant congressional enactment treated separate offenses endo case ex parte mitsuye endo graphically illustrates difference validity order exclude validity detention order exclusion effected since petitioner convicted failing report remain assembly relocation center case determine validity separate provisions order sufficient us pass upon order petitioner violated go beyond issues raised decide momentous questions contained within framework pleadings evidence case time enough decide serious constitutional issues petitioner seeks raise assembly relocation order applied certain applied terms us members view evacuation detention assembly center inseparable may date exclusion order korematsu compulsion leave area choose via assembly center assembly center conceived part machinery group evacuation power exclude includes power force necessary forcible measure must necessarily entail degree detention restraint whatever method removal selected whichever view taken results holding order petitioner convicted valid said dealing case imprisonment citizen concentration camp solely ancestry without evidence inquiry concerning loyalty good disposition towards task simple duty clear case involving imprisonment loyal citizen concentration camp racial prejudice regardless true nature assembly relocation deem unjustifiable call concentration camps ugly connotations term dealing specifically nothing exclusion order cast case outlines racial prejudice without reference real military dangers presented merely confuses issue korematsu excluded military area hostility race excluded war japanese empire properly constituted military authorities feared invasion west coast felt constrained take proper security measures decided military urgency situation demanded citizens japanese ancestry segregated west coast temporarily finally congress reposing confidence time war military inevitably power evidence disloyalty part military authorities considered need action great time short availing calm perspective say time actions unjustified affirmed justice frankfurter concurring according reading civilian exclusion order offense korematsu found military area territory wherein previously living except within bounds established assembly center area even though various orders issued general dewitt deemed comprehensive code instructions tenor clear contradictory put upon korematsu obligation leave military area method prescribed instructions reporting assembly center unable see legal considerations led decision kiyoshi hirabayashi fail sustain military order made conduct controversy crime join opinion like add words provisions constitution confer congress president powers enable country wage war much part constitution provisions looking nation peace recent occasion quote approvingly statement former chief justice hughes war power government power wage war successfully hirabayashi supra page page see home bldg blaisdell therefore validity action war power must judged wholly context war action stigmatized lawless like action times peace lawless talk military order expresses allowable judgment war needs entrusted duty conducting war unconstitutional order suffuse part constitution atmosphere unconstitutionality respective spheres action military authorities judges course different within sphere military authorities outside bounds obedience constitution judges within war power like powers subject applicable constitutional limitations hamilton kentucky distilleries recognize military orders expedient military precautions time war yet deny constitutional legitimacy makes constitution instrument dialetic subtleties reasonably attributed framers majority actual participation war military order review transcend means appropriate conducting war action military constitutional authorized action interstate commerce commission within limits constitutional power regulate commerce exercise war power explicitly granted constitution safeguarding national life prosecuting war effectively find nothing constitution denies congress power enforce valid military order making violation offense triable civil courts compare interstate commerce commission brimson monongahela bridge find theconstitution forbid military measures complained carry approval congress executive business justice roberts dissent think indisputable facts exhibit clear violation constitutional rights case keeping people streets night kiyoshi hirabayashi case temporary exclusion citizen area safety community case offering opportunity go temporarily area presence might cause danger fellows contrary case convicting citizen punishment submitting imprisonment concentration camp based ancestry solely ancestry without evidence inquiry concerning loyalty good disposition towards correct statement facts disclosed record facts take judicial notice need hardly labor conclusion constitutional rights violated government argument opinion judgment erroneously divide single indivisible thus make case appear petitioner violated military order sanctioned act congress excluded home refusing voluntarily leave knowingly intentionally defying order act congress petitioner resident san leandro alameda county california native japanese ancestry according uncontradicted evidence loyal citizen nation chronological recitation events make plain petitioner supposed offense truth consist refusal voluntarily leave area included home obedience order excluding therefrom critical attention must given dates sequence events december declared war japan february president issued executive order stating reason issuing order espionage sabotage defense material premises utilities provided certain military commanders might discretion military areas define extent persons may excluded respect right person enter remain leave shall subject whatever restrictions commander may impose discretion february lieutenant general dewitt designated military commander western defense command embracing westernmost union total area nation march general dewitt promulgated public proclamation recites entire pacific coast subject attack attempted invasion connection therewith subject espionage acts sabotage matter military necessity certain military areas zones established known military areas nos adds persons classes persons situation may require subsequent orders excluded military area certain zones military area subsequent proclamations made together proclamation included areas zones california washington oregon idaho montana nevada utah southern portion arizona orders required person japanese german italian ancestry residing area desired change habitual residence must execute deliver authorities change residence notice san leandro city petitioner residence lies military area march petitioner therefore notice executive order president prevent espionage sabotage authorized military exclude certain areas prevent entering leaving certain areas without permission notice home city included military order area notice sometime future military commander make order exclusion certain persons described classified various zones including lived march congress anyone knowingly enter remain leave commit act military area military zone prescribed military commander contrary restrictions applicable area zone contrary order military commander shall guilty misdemeanor act petitioner charged march general dewitt instituted curfew certain areas within command order validity sustained hirabayashi supra march general dewitt began issue series exclusion orders relating specified areas march proclamation general recited necessary order provide welfare insure orderly evacuation resettlement japanese voluntarily migrating military area restrict regulate migration ordered march alien japanese persons japanese ancestry within limits military area hereby prohibited leaving area purpose extent future proclamation order headquarters shall permit direct order made excluding petitioner area lived proclamation march confined limits area executive order act congress meant said leave area face proclamation commit misdemeanor may general dewitt issued civilian exclusion order providing may persons japanese ancestry alien excluded described portion military area included county alameda california order required responsible member family individual living alone report time set civil control station instructions go assembly center added person failing comply provisions order found described area date set liable prosecution act march supra important note order express terms application persons within bounds established assembly center pursuant instructions headquarters obvious purpose orders made taken together drive citizens japanese ancestry assembly centers within zones residence pain criminal prosecution predicament petitioner thus found forbidden military order leave zone lived forbidden military order date fixed found within zone unless assembly center located zone general dewitt report secretary war concerning programme evacuation relocation japanese makes entirely clear necessary refer document light recitation think assembly center euphemism prison person within center permitted leave except military order dilemma dare remain home voluntarily leave area without incurring criminal penalties way avoid punishment go assembly center submit military imprisonment petitioner nothing june information filed district northern california charging violation act march petitioner knowingly remained within area covered exclusion order demurrer information overruled petitioner tried plea guilty convicted sentence suspended placed probation five years know however light foregoing recitation taken military custody lodged assembly center know march president promulgated executive order establishing war relocation authority relocation centers enphemism concentration camps established pursuant cooperation military authorities western defense command relocation authority petitioner confined either assembly center within zone lived removed relocation center facts disclosed ex parte mitsuye endo demonstrate illegally held custody government argued case order outstanding time petitioner arrested informed exclusion order ordering leave area resided basis information argument evidently effective opinion refers hirabayashi case supra show sustained validity curfew order emergency argument exclusion given area danger somewhat sweeping curfew regulation nature temporary expedient made necessary sudden emergency think substitution hypothetical case case actually might agree disposition hypothetical case liberty every american citizen freely come go must frequently face sudden danger temporarily limited suspended civil authorities must often resort expedient excluding citizens temporarily locality drawing fire lines case conflagration removal persons area pestilence broken familiar examples exclusion worked exclusion order nature hirabayashi case authority sustaining facts recited set forth ex parte metsuye endo supra show exclusion part plan forceable detention case therefore decided narrow ground possible validity temporary exclusion order residents area given opportunity leave go elsewhere native land outside boundaries military area make case turn assumption shut eyes reality said petitioner prior arrest faced two diametrically contradictory orders given sanction act congress march earlier orders made criminal left zone resided later made criminal leave supposed citizen constrained two laws two orders force law obedience one violate punish violation either deny due process law supposed circumstances conviction violating one orders stand shut eyes fact petitioner attempted violate proclamation leave military area lived arrested tried convicted violation proclamation two conflicting orders one commanded stay commanded go nothing cleverly devised trap accomplish real purpose military authority lock concentration camp course petitioner avoid arrest prosecution go camp according instructions given reported civil control center know fact set figmentary artificial situation instead addressing actualities case stark realities met suggestion lawful compel american citizen submit illegal imprisonment assumption might going assembly center apply discharge suing writ habeas corpus done endo case supra answer course subject two conflicting laws bound order escape violation one surrender liberty period say detention necessary part process evacuation concerned validity latter new doctrine constitutional law one indicted disobedience unconstitutional statute may defend ground invalidity statute must obey though knows law suffered disgrace conviction lost liberty sentence seek within prison walls test validity law moreover beside point rest decision part fact petitioner reasons wished remain home fact constrained indeed narrow application constitutional rights ignore order constrained order sustain conviction violation another contradictory order reverse judgment conviction justice murphy dissenting exclusion persons japanese ancestry alien pacific coast area plea military necessity absence martial law approved exclusion goes brink constitutional power falls ugly abyss racism dealing matters relating prosecution progress war must accord great respect sideration judgments military authorities scene full knowledge military facts scope discretion must matter necessity common sense wide judgments overruled lightly whose training duties deal intelligently matters vital physical security nation time however essential definite limits military discretion especially martial law declared individuals must left impoverished constitutional rights plea military necessity neither substance support thus like claims conflicting asserted constitutional rights individual military claim must subject judicial process reasonableness determined conflicts interests reconciled allowable limits military discretion whether overstepped particular case judicial questions sterling constantin judicial test whether government plea military necessity validly deprive individual constitutional rights whether deprivation reasonably related public danger imminent impending admit delay permit intervention ordinary constitutional processes alleviate danger russell wall mitchell harmony raymond thomas civilian exclusion order banishing prescribed area pacific coast persons japanese ancestry alien clearly meet test obvious racial discrimination order deprives within scope equal protection laws guaranteed fifth amendment deprives individuals constitutional rights live work establish home choose move freely excommunicating without benefit hearings order also deprives constitutional rights procedural due process yet reasonable relation imminent impending public danger evident support racial restriction one sweeping complete deprivations constitutional rights history nation absence martial law must conceded military naval situation spring generate real fear invasion pacific coast accompanied fears sabotage espionage area military command therefore justified adopting reasonable means necessary combat dangers adjudging military action taken light apparent dangers must erect high meticulous standards necessary action reasonable relation removal dangers invasion sabotage espionage exclusion either temporarily permanently persons japanese blood veins reasonable relation relation lacking exclusion order necessarily must rely reasonableness upon assumption persons japanese ancestry may dangerous tendency commit sabotage espionage aid japanese enemy ways difficult believe reason logic experience marshalled support assumption forced exclusion result good measure erroneous assumption racial guilt rather bona fide military necessity evidenced commanding general final report evacuation pacific coast area refers individuals japanese descent belonging enemy race whose strains undiluted constituting potential enemies large today along pacific coast support blanket condemnation persons japanese descent however reliable evidence cited show individuals generally generally conducted area constitute special menace defense installations war industries otherwise behavior furnished reasonable ground exclusion group justification exclusion sought instead mainly upon questionable racial sociological grounds ordinarily within realm expert military judgment supplemented certain conclusions drawn unwarranted use circumstantial evidence individuals japanese ancestry condemned said large unassimilated tightly knit racial group bound enemy nation strong ties race culture custom religion claimed given worshipping citizenship japanese language schools allegedly organizations cited evidence possible group together facts certain persons educated residing length japan intimated many individuals deliberately resided strategic points thus enabling carry execution tremendous program sabotage mass scale considerable number inclined need protective custody also asserted report refers without identity incidents violence well admittedly unverified cumulative incidents plus certain events shown connected japanese americans concluded fraught danger japanese population general public ready take matters hands finally intimated though directly charged proved persons japanese ancestry responsible three minor isolated shellings bombings pacific coast well unidentified radio transmissions night signalling main reasons relied upon responsible forced evacuation therefore prove reasonable relation group characteristics japanese americans dangers invasion sabotage espionage reasons appear instead largely accumulation much misinformation insinuations years directed japanese americans people racial economic people among foremost advocates evacuation military ment based upon racial sociological considerations entitled great weight ordinarily given judgments based upon strictly military considerations especially every charge relative race religion culture geographical location legal economic status substantially discredited independent studies made experts matters military necessity essential validity evacuation order thus resolves intimations certain individuals actively aided enemy inferred entire group japanese americans trusted remain loyal one denies course disloyal persons japanese descent pacific coast power aid ancestral land similar disloyal activities engaged many persons german italian even pioneer stock country infer examples individual disloyalty prove group disloyalty justify discriminatory action entire group deny system law individual guilt sole basis deprivation rights moreover inference heart evacuation orders used support abhorrent despicable treatment minority groups dictatorial tyrannies nation pledged destroy give constitutional sanction inference case however intentioned may military command pacific coast adopt one cruelest rationales used enemies destroy dignity individual encourage open door discriminatory actions minority groups passions tomorrow adequate reason given failure treat japanese americans individual basis holding investigations hearings separate loyal disloyal done case persons german italian ancestry see house report sess asserted merely loyalties group unknown time essence yet nearly four months elapsed pearl harbor first exclusion order issued nearly eight months went last order issued last persons actually removed almost eleven months elapsed leisure deliberation seem essence speed fact conditions warrant declaration martial law adds strength belief factors time military necessity urgent represented moreover adequate proof federal bureau investigation military naval intelligence services espionage sabotage situation well hand long period denial fact one person japanese ancestry accused convicted espionage sabotage pearl harbor still fact evidence loyalty vast majority individuals effectiveness established methods combatting evils seems incredible circumstances impossible hold loyalty hearings mere persons least american large part number represented children elderly men inconvenience may accompanied attempt conform procedural due process said justify violations constitutional rights individuals dissent therefore legalization racism racial discrimination form degree justifiable part whatever democratic way life unattractive setting utterly revolting among free people embraced principles set forth constitution residents nation kin way blood culture foreign land yet primarily necessarily part new distinct civilization must accordingly treated times heirs american experiment entitled rights freedoms guaranteed constitution justice jackson dissenting korematsu born soil parents born japan constitution makes citizen nativity citizen california residence claim made loyal country suggestion apart matter involved abiding well disposed korematsu however convicted act commonly crime consists merely present state whereof citizen near place born life lived even unusual series military orders made conduct crime forbid one remain also forbid leave drawn way korematsu avoid violation give military authority meant submission custody examination transportation territory followed indeterminate confinement detention camps citizen presence locality however made crime parents japanese birth korematsu one others say german alien enemy italian alien enemy citizen ancestors convicted treason korematsu presence violated order difference innocence crime result anything said thought different born different racial stock fundamental assumption underlies system guilt personal inheritable even one antecedents convicted treason constitution forbids penalties visited upon provides attainder treason shall work corruption blood forfeiture except life person attained article cl attempt make otherwise innocent act crime merely prisoner son parents choice belongs race way resign congress legislation enact criminal law suppose refuse enforce prisoner convicted disregarding found act congress military order neither act congress executive order president together afford basis conviction rests orders general dewitt said military commander reasonable military grounds promulgating orders constitutional become law required enforce several reasons subscribe doctrine impracticable dangerous idealism expect insist specific military command area probable operations conform conventional tests constitutionality area beset must put military control paramount consideration measures successful rather legal armed services must protect society merely constitution essence military job marshal physical force remove every obstacle effectiveness give every strategic advantage defense measures often held within limits bind civil authority peace require commander circumstances act reasonable man may unreasonably cautious exacting perhaps commander temporarily focusing life community defense carrying military program making law sense courts know term issues orders may certain authority military commands although may bad constitutional law confine military expedients constitution neither distort constitution approve military may deem expedient appears whether consciously say evidence orders general dewitt reasonably expedient military precautions say even permissible military procedures deny follows constitutional holds follow may well say military order constitutional done limitation courts always labor examining necessity military order illustrated case know orders reasonable basis necessity evidence whatever subject taken sharp controversy credibility dewitt report real evidence choice accept general dewitt unsworn statement untested reasonable thus always courts try look reasonableness military order nature things military decisions susceptible intelligent judicial appraisal pretend rest evidence made information often admissible assumptions proved information support order disclosed courts without danger reach enemy neither courts act communications made confidence hence courts never real alternative accepting mere declaration authority issued order reasonably necessary military viewpoint much said danger liberty army program deporting detaining citizens japanese extraction judicial construction due process clause sustain order farm subtle blow liberty promulgation order military order however unconstitutional apt last longer military emergency even period succeeding commander may revoke judicial opinion rationalizes order show conforms constitution rather rationalizes constitution show constitution sanctions order time validated principle racial discrimination criminal procedure transplanting american citizens principle lies like loaded weapon ready hand authority bring forward plausible claim urgent need every repetition imbeds principle deeply law thinking expands new purposes observe work courts familiar judge cardozo described tendency principle expand limit logic military commander may overstep bounds constitutionality incident review approve passing incident becomes doctrine constitution generative power creates image nothing better illustrates danger opinion case argues bound uphold conviction korematsu upheld one kiyshi hirabayashi sustained orders far applied curfew requirement citizen japanese ancestry think learn something experience case urged consider curfew feature technically involved count necessary sustain hirabayashi conviction sentence yielded chief justice guarded opinion carefully language said investigation go beyond inquiry whether light relevant circumstances preceding attending promulgation challenged orders statute afforded reasonable basis action taken imposing curfew page page decide issue defined decide curfew order applied time applied within boundaries war power page page unnecessary consider whether extent findings support orders differing curfew order page page italics supplied however spite limiting words validate discrimination basis ancestry mild temporary deprivation liberty principle racial discrimination pushed support mild measures harsh ones temporary deprivations indeterminate ones precedent said requires us hirabayashi saying hirabayashi decide things said deciding said citizens made stay homes hours dark said must require leave home entirely told may also taken custody deportation argued may also held undetermined time detention camps far principle case extended plausible reasons play know hold civil made enforce order violates constitutional limitations even reasonable exercise military authority courts exercise judicial power apply law must abide constitution cease civil courts become instruments military policy course existence military power resting force vagrant centralized necessarily heedless individual inherent threat liberty lead people rely review seems wholly delusive military reasonableness orders determined military superiors people ever let command war power fall irresponsible unscrupulous hands courts wield power equal restraint chief restraint upon command physical forces country future past must responsibility political judgments contemporaries moral judgments history duties justice see require make military judgment whether general dewitt evacuation detention program reasonable military necessity suggest courts attempted interfere army carrying task think may asked execute military expedient place law constitution reverse judgment discharge prisoner footnotes hearings subcommittee national war agencies appropriation bill part ii final report japanese evacuation west coast hearings committee immigration naturalization house representatives bills expatriate certain nationals pp stat italics quotation mine use word exhibits grim irony probably lost petitioner others like case either use disingenuous attempt camouflage compulsion applied agreement depend definition application terms pronouncement commanding officer view preclude judicial inquiry determination whether emergency ever existed whether remained date restraint litigation arose cf chastleton corporation sinclair final report japanese evacuation west coast de witt report dated june made public january evidence commanding general attitude toward individuals japanese ancestry revealed voluntary testimony april san francisco house naval affairs subcommittee investigate congested areas part pp cong sess want persons japanese ancestry dangerous element way determine loyalty west coast contains many vital installations essential defense country allow japanese coast danger japanese permitted come sabotage makes difference whether american citizen still japanese american citizenship necessarily determine loyalty must worry japanese time wiped map sabotage espionage make problems long allowed area final report casts cloud suspicion entire group saying believed loyal known many italics added final report vii see also pp extent assimilation problem largely result certain social customs laws american general public studies demonstrate persons japanese descent readily susceptible integration society given opportunity strong japanese problem smith americans process mears resident orientals american pacific coast millis japanese problem failure accomplish ideal status assimilation therefore charged refusal persons become americanized loyalty japan retention persons certain customs religious practices ancestors criterion loyalty final report pp sinister correlation emperor worshipping activities disloyalty america shown final report charge citizenship springs misunderstanding simple fact japan past used doctrine jus sanguinis right international law claimed citizens persons born japanese nationals wherever located japan greatly modified doctrine however allowing japanese born renounce claim dual citizenship releasing claim born see freeman exodus leviticus genealogy evacuation law cornell authorities cited mcwilliams prejudice final report pp various foreign language schools country generations without considering existence ground racial discrimination subversive activities teachings shown connection japanese schools mcwilliams prejudice final report pp persons constitute small part entire group belong kibei actions membership well known government agents final report see also pp vii insinuation based purely upon speculation circumstantial evidence completely overlooks fact main geographic pattern japanese population fixed many years ago reference economic social soil conditions limited occupational outlets social pressures encouraged concentration near initial points entry pacific coast points may near certain strategic military industrial areas proof diabolical purpose part japanese americans see mcwilliams prejudice house report sess final report pp dangerous doctrine protective custody proved recent european history absolutely standing excuse deprivation rights minority groups see house report sess cf house report sess instance moreover two minor instances violence record involving persons japanese ancestry mcwilliams public affairs pamphlets final report one incidents reputed dropping incendiary bombs oregon forest occurred considerable time japanese american evacuated home placed assembly centers see new york times special interest groups extremely active applying pressure mass evacuation see house report sess mcwilliams prejudice austin anson managing secretary salinas vegetable association frankly admitted charged wanting get rid japs selfish reasons question whether white man lives pacific coast brown men came valley work stayed take undersell white man markets work women children white farmer pay wages help japs removed tomorrow never miss two weeks white farmers take produce everything jap grows want back war ends either quoted taylor article people nobody wants sat eve post may see notes supra final report vii see also final report makes amazing statement february fact sabotage taken place date disturbing confirming indication action taken apparently minds military leaders way japanese americans escape suspicion sabotage period six months alien tribunals hearing boards set british government shortly outbreak present war summoned examined approximately german austrian aliens tribunals determined whether individual enemy alien real enemy allies enemy freed internment special restrictions interned kempner enemy alien problem present war amer journ int law house report sess nature judicial process