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The Pearl Harbor attack in December 1941 led President Roosevelt to sign Executive Order 9066, granting the Secretary of Defense the authority to place American citizens of Japanese descent in internment camps. Among the men who were forced into these camps was Fred Korematsu, although he did not go of his own free will, and he chose to fight this injustice on the courthouse steps. According to Korematsu the orders, proclamations, and congressional statutes were unconstitutional because they deprived him of his 5th Amendment right to due process of law, a right that all US citizens are guaranteed. As such this paper seeks to respond to the question of how did Justice Black, in his decision for the court majority, justify the detention of people of Japanese descent? And on what grounds did the dissenting justices object to this decision?

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