Hirabayashi would have to serve the full sentence.Fred Korematsu also an American citizen of Japanese descent was convicted of not reporting to his concentration camp. His reason was that he was unwilling to leave his sweetheart, Endo. Fred Korematsu was arrested, convicted and also obtained a certiorari of the Supreme Court just like Gordon Hirabayashi.The Korematsu v. United States (1943), case was seen as a case of racism from General DeWitt, interest groups and particular members of the Supreme Court. Justice Black delivered the opinion of the court. Concerns pressing public necessity justified the existence of the legal restriction, which curtailed the civil rights of an American Citizen Page Threeof Japanese descent, Fred Korematsu. Justice Black stated in American Constitutional Interpretation, "In light of the principles we announced in Hirabayashi v. United States (1943), we are unable to conclude that it was beyond the war power of Congress and the Executive to exclude those of Japanese ancestry from the West Coast war are." (pgs.1383-1384). Also, as in Hirabayashi, it could not be without reason that there were disloyal members of the Japanese ancestry population. In summary, Justice Black confirms that Korematsu was not absolved from the military area because of hate towards him or against his race. Korematsu was absolved because the United States was at war with the Japanese Empire and there were proper security measures.Justice Frankfurter, also affirming the decision by stating the provisions of the Constitution, which discuss the President and Congressional power to wage war. The military order given to Korematsu is under the provision of the Constitution to wage war. Therefore, Korematsu is the business of the military and not for the decision of courts.Justices Robert, Murphy, and Jackson disagreed with this decision agreeing the decision was a violation of Constitutional rights. Justice Roberts believed th...
