at the military command given to Fred Koramatsu was a trap taken out on Fred Korematsu because of his Japanese background. There were two conflicting orders one to stay and one to go for the entire purpose to lock him up in a concentration camp.Page FourJustice Murphy dissented with obvious racial discrimination. Justice Murphy stated the military order sending Japanese, even American citizens to concentration camps went against the Fifth Amendment of equal protection. Justice Murphy's opinion is of pure racism, referring to the Commander General's final report on the vacating from the Pacific Coast area. The Commander General suggests that everyone of Japanese descent is rebellious and enemies. Justice Murphy suggests that in justifying the decision of Korematsu v. United States (1943), racial discrimination is used by accusing the Japanese as having dual citizenship, and living in strategic points enabling them to have the ability to sabotage on a mass scale.Justice Jackson dissents by claiming that even if the act against Korematsu was a military procedure, the military procedure was not constitutional. That the military order was unconstitutional and that the Constitution was rationalized to show that there was such an order, or the judicial opinion was rationalized to show that it conformed to the Constitution. Koramatsu's conviction was upheld because earlier in Hirabayashi V. United States (1943), it was upheld. In reading American Constitutional Interpretation, Justice Jackson stated "The Court is now saying that in Hirabayashi, we did decide the very things we there said we were not deciding. Because we said that these citizens could be made to stay in their homes during the hours of dark, it is said we must require them to leave home entirely; and if that, we are told they may also be taken into custody for deportation; and if that, it is argued they may also be held for some undetermined Page Fivetime in detention cam...
