Lesson 4: Equal Protection: Race

 Was the United States justified in placing Japanese Americans in internment centers in 1942, after war was declared on Japan?

The decision in Korematsu v. United States, is one of the darkest periods in American judicial history. Not since slavery, had one racial group been singled out for status as second class citizens. Nothing in the Constitution could have prepared American citizens of Japanese descent for the events that took place after the attack on Pearl Harbor.

Today Americans work closely with the Japanese in all phases of business and industry. Japanese entrepreneurs are highly regarded and respected by corporate America. But in the early 1940's, America found itself at war with Japan. Already at war with Germany and Italy, America was deeply involved in the politics of war and the defense of the American way of life.

In this climate, there was great animosity toward Japan. So much animosity that American citizens of Japanese heritage were viewed as a threat. They were after all, members of the race that looked like the enemy. Sentiments were the strongest on the west coast because it was believed vulnerable to attack. Scores of Americans of Japanese descent living on the west coast were forcibly sent to internment centers. Korematsu was a Japanese American citizen living in California, who refused to abandon his home and go to a center. The controversy was played out in the Supreme Court and the decision to allow Japanese Americans to be put in centers would be criticized for years to come.

In this lesson, students will learn about the internment of Japanese Americans by engaging in role-plays that explain the events and opinion in the Korematsu case. This lesson will differ from other lessons based on important legal decisions, in that the actual case will never be distributed to the class. Students will learn about the decision by holding a legislative hearing and recommending policy for the future of Japanese Americans. At the end of the hearing, students will have been exposed to all of the relevant facts, issues and arguments through the use of primary source material and role-plays to enrich the classroom experience.

 After engaging in a role-play about Korematsu v. United States and holding a legislative hearing to determine future policy on Japanese Americans in 1942, students will be able to:

• Explain the controversy over Japanese Americans after war was declared on Japan in 1942.
• Take a position on whether the U.S. government was justified in detaining Japanese Americans in internment centers in 1942.
• Discuss alternative policies for the treatment of Japanese Americans in 1942.

 Handout 4A "Japanese Exclusion in World War II"

Handout 4B "Resolving the Problem of Japanese Exclusion in World War II"

Handout 4C "Statements of Witnesses"

Handout 4D "Korematsu v. United States"

 2 class periods

Distribute Handout 4A Open Role-play. Select students to be the characters in the role-play. In an open role-play, students choose their own dialogue but must remain within their roles and perform the scene according to the directions on the Handout. The remainder of the class should read the Handout and observe the interaction of the characters in the role-play. At the conclusion of the role-play, have students explain their answers to the following questions:

• What happened to Korematsu in the role-play? Explain.
• Why was Korematsu told to go to an internment center? What were the goals of the United States in issuing the Civilian Exclusion Order? Refer to specific language in the order.
• What does this order tell you about the American attitude toward the Japanese during World War II? Explain.
• Do you think there was justification for this attitude? Why? Why not?
• Were there any legitimate concerns with the possibility of espionage and sabotage by Japanese? Explain.
• Should it make a difference if a person of Japanese descent is an American citizen who demonstrates loyalty to the United States? Why? Why not?
• Should it make a difference if Japanese Americans were confined in beautiful surroundings? Why? Why not?
• How do you think you would feel if you were placed in an internment center because of your ancestry? Explain.

Distribute Handout 4B "Resolving the Problem of Japanese Exclusion in World War II"

Select six students to serve on the committee. Each student will represent a legislator. The platforms of the legislators correspond to the viewpoints of one of the five justices who wrote an opinion in Korematsu v. U.S. Legislator 6 is the chairperson and presents a balanced view. The entire class should read and study the platforms of the legislators by themselves. These platforms will not be read aloud nor will the decision in the case be distributed. Each student selected to be a legislator will at all times during the hearing perform his/her role based on his/her platform.

Select one student to serve as the recorder who will keep a record of the proceedings and present a review of the recommendations.

Have students explain their answers to the following questions:

• Do you think a committee hearing is a fair way to determine policy? Why? Why not?
• Do you think the interests of the American government were fairly represented at the hearing? Why? Why not?
• How would you explain the platforms of each of the six legislators?
• Which legislator do you think has the strongest platform? Why?

Distribute Handout 4C "Statements of Witnesses"

Select four students to serve as the witnesses. Two of the accounts are real and two are fictional. The witnesses will read these statements aloud to the class. Any student who has not been assigned a role as a legislator, witness or recorder will be assigned a role as a constituent of one of the witnesses. Constituents will observe the hearing. Before the hearing is adjourned the committee will consider alternative policies and make recommendations.

After the hearing has been adjourned, have students explain their answers to the following questions.

• How would you summarize the arguments made by each of the four witnesses? Explain.
• Do you think the interests of the Japanese Americans were fairly represented at the hearing? Why? Why not?
• Which of the witnesses did you find most persuasive? Why?
• How effective do you think the question and answer period was? Explain.
• If the internment of Japanese Americans is allowed because of wartime emergency, does that mean that none of their constitutional rights have been violated? Why? Why not?
• Which constitutional rights have been violated? Explain.
• Do you think witnesses 1 and 3 should be compensated for their confinement? Why? Why not?
• Would you consider the views of witnesses 2 and 4 to be racist? Why? Why not?
• Do you think the American government was justified in adopting the policy of internment? Why? Why not?
• What do you think was the best way the American government could have resolved this issue? Explain.
• Do you think we should judge the internment policy of fifty years ago by the standards we use today? Why? Why not?

 Divide the class into two equal sized groups. One group will write a petition in favor of the internment of Japanese Americans during World War II. The other group will write a petition opposing the internment of Japanese Americans. The groups should be sure to include the reasons for their position. Have one student from each group read the petition to the class and determine which petition was more effective.

Based on multiple intelligence theory.

Logical Mathematical: Students should read and analyze statistical information on the number of Japanese Americans placed in internment or relocation centers, the duration of their stay and the number of children interned in the camps.

Spatial: Students should research old newspapers and magazines from the 1940's and make a collage of newspaper articles, pictures and cartoons that deal with the Korematsu case.

Interpersonal: Divide the class into equal sized groups. Each group should discuss the issue: "Should American citizens of Japanese descent who spent time in camps receive a formal apology from the American government and reparations?"

Intrapersonal: Students should imagine what it would be like to be interned in a military camp and describe their feelings about the experience in a personalized account similar to the accounts given in the lesson.

Travel back in time to May of 1942. Pearl Harbor has been attacked and the United States is at war with Japan.

Mr. Korematsu is an American citizen of Japanese ancestry. He lives in a home in San Leandro, California. San Leandro has been designated as a "Military Area" to ensure its protection against invasion from Japan while at war with the U.S.

A military officer will appear at the front door of Korematsu's home. Korematsu will be presented with the Civilian Exclusion Order and told to leave his home at once and go to an "assembly center."

Korematsu refuses to leave his home and protests the order.

The officer again orders Korematsu to leave but this time tells Korematsu that as a person of Japanese origin, he presents a threat of espionage and sabotage.

Korematsu continues to protest and states that he is a loyal American citizen and it makes no difference that his ancestors were born in Japan.

The officer then ushers Korematsu to the assembly center.

At the assembly center, Korematsu complains that there must be something unconstitutional about confining him in this manner.

Photo by Dorothea Lance.

WESTERN DEFENSE COMMAND AND FOURTH ARMY WARTIME CIVIL CONTROL ADMINISTRATION

Presidio of San Francisco, California

May 3, 1942

INSTRUCTIONS

TO ALL PERSONS OF

ANCESTRY

Living in the Following Area:

All of that portion of the City of Los Angeles, State of California, within that boundary beginning at the point at which North Figueron Street meets a line following the middle of the Los Angeles River; thence southerly and following the said line to East First Street; thence westerly on East First Street to Alameda Street; thence southerly on Alameda Street to East Third Street; thence northwesterly on East Third Street to Main Street thence northerly on Main Street to First Street; thence north-westerly on First Street to Figueron Street; thence northeasterly on Figueron Street to the point of beginning.

Pursuant to the provisions of Civilian Exclusion Order No. 33, this Headquarters, dated May 3, 1942, all persons of Japanese ancestry, both alien and non-alien, will be evacuated from the above area by 12 o'clock noon, P. W. T., Saturday, May 9, 1942.

No Japanese person living in the above area will be permitted to change residence after 12 o'clock noon. P.W.T., Sunday, May 3, 1942, without obtaining special permission from the representative of the Commanding General, Southern California Sector, at the Civil Control Station located at:

Japanese Union Church,

120 North San Pedro Street,

Los Angeles, California.

Such permits will only be granted for the purpose of uniting members of a family, or in cases of grave emergency.

The Civil Control Station is equipped to assist the Japanese population affected by this evacuation in the following ways:

1. Give advice and instructions on the evacuation.

2. Provide services with respect to the management, leasing, sale, storage or other disposition of most kinds of property, such as real estate, business and professional equipment household goods, boats, automobiles and livestock.

3. Provide temporary residence elsewhere for all Japanese in family groups.

4. Transport persons and a limited amount of clothing and equipment to their new residence.

1. A responsible member of each family, preferably the head of the family, or the person in whose name most of the property is held, and each individual living alone, will report to the Civil Control Station to receive further instructions. This must be done between 8:00 A.M. and 5:00 P.M. on Monday, May 4, 1942, or between 8:00 A.M. and 5:00 P.M. on Tuesday, May 5, 1942.

2. Evacuees must carry with them on departure for the Assembly Center, the following property:

(a) Bedding and linens (no mattress) for each member of the family;

(b) Toilet articles for each member of the family;

(c) Extra clothing for each member of the family;

(d) Sufficient knives, forks, spoons, plates, bowls and cups for each member of the family;

(e) Essential personal effects for each member of the family.

All items carried will be securely packaged, tied and plainly marked with the name of the owner and numbered in accordance with instructions obtained at the Civil Control Station. The size and number of packages is limited to that which can be carried by the individual or family group.

3. No pets of any kind will be permitted.

4. No personal items and no household goods will be shipped to the Assembly Center.

5. The United States Government through its agencies will provide for the storage, at the sole risk of the owner, of the more substantial household items, such as iceboxes, washing machines, pianos and other heavy furniture. Cooking utensils and other small items will be accepted for storage if crated, packed and plainly marked with the name and address of the owner. Only one name and address will be used by a given family.

6. Each family, and individual living alone will be furnished transportation to the Assembly Center or will be authorized to travel by private automobile in a supervised group. All instructions pertaining to the movement will be obtained at the Civil Control Station.

J. L. DeWitt

Lieutenant General, U.S. Army

Commanding

SEE CIVILIAN EXCLUSION ORDER NO. 33.

Resolving the problem of Japanese exclusion during World War II

Date: Summer of 1942

Place: United States Congress

Agenda: As a result of the controversy raised by Korematsu v. United States, the Committee on Japanese American Affairs will hold a hearing on the exclusion of Japanese Americans living in military areas, and their confinement in internment centers for the duration of the war with Japan.

Legislative hearings are held by committees of the United States Congress and other legislative bodies to gather information upon which to base recommendations regarding subjects regulated by law or for which laws are being considered. These hearings are a basic function of legislative branches of government. Role playing a legislative hearing provides participants an opportunity to gain an increased understanding of the purposes and procedures of such hearings and the roles and responsibilities of committee members. Participants also gain experience in identifying and clarifying the ideas, interests, and values associated with the subject being discussed by the legislative hearing.

Conduct the legislative hearing using the following procedures:

• The committee chairperson calls the legislative hearing to order, announces the purpose of the hearing, and calls the witnesses to testify.
• Witnesses are called and permitted a set amount of time to present an opening statement, which is followed by questions from members of the committee. The chairperson is the first to question the witness, followed by each of the other members of the committee. A committee member may interrupt to ask a question or make a comment at any time during the proceedings. The following time limits are suggested from two to five minutes for a witness's opening statement and from five to ten minutes for a legislator's questioning.
• After the witnesses have been heard, members of the committee review the testimony, discuss the problem, and make recommendations, or decide what their next step shall be.

Each student who has been assigned the role of a legislator will become completely familiar with the legislator's platform. The legislators will not make a formal statement, but will ask questions of witnesses, make comments, and determine policy based on this platform.

The following legislators will form the committee: (Students should insert their own names)

Legislator 1: Name: ______________________________

Platform: Persons of Japanese descent should be excluded from any area of the Untied States that is in danger of invasion from Japan. There is a legitimate concern that there may be disloyal members of the Japanese American population who will commit acts of espionage and sabotage. There is no time to determine precisely who is loyal and who is not and in extreme situations such as war, extreme measures such as exclusion become necessary.

Legislator 2: Name: ______________________________

Platform: The war power of the United States allows the government to do what it must to wage war successfully. In time of war with Japan, there is a legitimate need to confine Japanese Americans to help achieve an American victory, and such an exercise of the war power does not violate the constitutional rights of Japanese American citizens.

Legislator 3: Name: ______________________________

Platform: Internment centers are akin to military prisons and this policy places American citizens in military prisons based on their Japanese ancestry without evidence of actual disloyalty.

Legislator 4: Name: ______________________________

Platform: The confinement of American citizens of Japanese ancestry deprives them of their constitutional right to live and work where they want and to move about freely. There is no evidence that Americans who are of Japanese descent present an immediate threat to the country. This is an example of racism, pure and simple.

Legislator 5: Name: ______________________________

Platform: Japanese Americans do not pose any more of a threat to a nation at war with Japan, than German Americans or Italian Americans do to a nation also at war with Germany and Italy. The policy of confinement has only been followed with respect to American citizens who happen to be born to Japanese parents. This is nothing more than an unconstitutional policy of discrimination based on race.

Legislator 6: Chairperson, Name: ______________________________

Platform: There is a legitimate need to protect the nation from invasion by Japan and some Japanese may be sympathetic to their native land, possibly leading to espionage and sabotage. However, American citizens of Japanese descent who have never shown disloyalty are just as American as anyone else with the same constitutional rights. The government must be careful not to violate their rights as citizens.

Each of the following witnesses is to make this opening statement before the committee. They will then be subject to questions and comments from the legislators.

My name is Ted Nakashima. Unfortunately in this land of liberty, I was born of Japanese parents. Fine parents, who brought up their children in the best American way of life. My mother served with the Volunteer Red Cross Service in the last war -- my father, an editor, has spoken and written Americanism for forty years.

Our family is almost typical of the other unfortunates in the camp. The oldest son is a licensed architect. The second son is an M.D. I am the third son, the dumbest of the lot, but still smart enough to hold down a job as an architectural draftsman. Mary, the only girl in the family, and her year old son, "Butch," are with our parents -- interned in the stables of the Livestock Exposition Buildings in Portland.

Now that you can picture our thoroughly American background, let me describe our new home.

The resettlement center is actually a penitentiary -- armed guards in towers with spotlights and tommy guns and everyone confined to quarters. The guards are ordered to shoot anyone who approaches within twenty feet of the fences. The food and sanitation problems are the worst. Can this be the same America we left a few weeks ago? I can't take it! What really hurts most is the constant reference to us as "Japs." "Japs" are the guys we are fighting. We're on this side and we want to help. Why won't America let us?

Adapted from The New Republic, June 15, 1942, p. 822-823.

Comments, questions and answers from the legislators

I represent the organization, "Americans for America." Today, our nation is at war with Japan and our sworn enemy are the Japanese. This is a difficult time for all. Perhaps it is most difficult for Americans of Japanese origin. They are at once American citizens, while their lives are deeply rooted in the traditions of the Japanese. How can they show their sympathy for one without offending the other? We believe that any citizen of this great land is first and foremost an American. We cannot say however, that those whose blood and background are Japanese are of the same view.

It is painful for a country to have to confine its own people who have committed no crimes. But in extraordinary times, which these surely are, extraordinary measures are required. It would be impossible to know the true loyalties of Japanese Americans. To know what beliefs they hold in their hearts and minds. If we make a mistake and trust one who should not have been trusted, we put all Americans in jeopardy. Many lives could be lost to spare the dignity of a small group of people. While it is not the most noble thing that Americans have ever done, we must recognize that in these circumstances, the benefits of internment clearly outweigh the risks.

Comments, questions and answers from the legislators

My name is Lillian Matsimoto. I am a guardian to "Children Without Families." These poor orphans are very frightened. They feel as though they are being punished and controlled and they do not know why. Even babies have been rounded up because they look like the enemy. It is very sad. Children have been abandoned twice, first by their parents and then by their country. It is such a cruel twist of fate. When we gathered the children together on the bus for their trip to the Manzanar Internment Center, we asked them to sing songs to calm them down. One little girl stands up and sings, "God Bless America."

It makes me so angry. The newsreels try to show how generous the government is, so of course the centers look decent. But the children really sleep on straw mattresses. During the day, they are allowed to play and they form groups. Here at the camp we have little league and girl scouts. What a joke! All the children care about is the American way and this is how they are treated. I know these poor children will carry this terrible experience with them for the rest of their lives.

Adapted from a compilation of interviews with Japanese Americans interned in camps on Sixty Minutes, December 7, 1997.

Comments, questions and answers from the legislators.

I have been asked to speak on behalf of the intelligence units of the armed forces of the United States of America. I'm sure you are all aware that great responsibility comes with this work. A responsibility that increases many times when the nation is at war. Do not make this job any more difficult than it already is. If we allow Japanese Americans to remain in the general population, we would have to devote substantial resources to monitoring their activities. Resources that would be better spent on protecting all American citizens, including those of Japanese origin, from invasion by the enemy.

The armed forces should not be labeled racist because of the policy of internment. It is not hatred for a particular group of people that is the driving force behind this policy. Japanese Americans will not be put in prison. They will not be stripped of their citizenship. This policy is just the best way to wage war with Japan. The Japanese are indeed capable of sinister acts of espionage and sabotage. They can do this much more effectively if they are able to hide within the general population of Japanese Americans. The threat is real and immediate. We need to ensure the safety of all people regardless of race.

Comments, questions and answers from the legislators

Constituents may now make brief comments.

After the witnesses have been heard, members of the committee will consider alternative policies with regard to Japanese Americans and make recommendations.

The recorder will read the recommendations.

The hearing will be adjourned.