Korematsu v. United States

Cases from the War on Terrorism

After the attacks of September 11, 2001, President Bush declared a “war on terrorism.” Part of this war on terrorism involved the passage of new laws, establishment of warning systems, and increased surveillance.  The Supreme Court heard several cases involving the detention of persons alleged to be “enemy combatants.”  These detentions forced many people to reflect on the detentions of Japanese Americans during World War II.

Rasul v. Bush and Al Odah v. United States (The Guantanamo Bay Detention Cases)

Directions:

  1. Read the synopsis of facts for the Guantanamo Bay Detention Cases.
  2. Complete the legal arguments for each side using the graphic organizer
  3. Read the opinions in the Guantanamo Bay Detention Casesand discuss which arguments appeared to be most persuasive to the Court. 
  4. Prepare to present the key facts, arguments, and the Court’s decision to the entire class.

 

Rumsfeld v. Padilla

Directions:

  1. Read the synopsis of facts for Rumsfeld v. Padilla.
  2. Complete the legal arguments for each side using the graphic organizer
  3. Read the opinions in Rumsfeld v. Padilla and discuss which arguments appeared most persuasive to the Court. 
  4. Prepare to present the key facts, arguments, and the Court’s decision to the entire class.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resources

About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

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Diagram of How the Case Moved Through the Court System
Key Excerpts from the Majority Opinion
Key Excerpts from the Dissenting Opinion
Full Text of the Majority Opinion

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Activities
    The Case

Classifying Arguments

Primary Documents: Executive Order 9066

A Question of Loyalty
Presidential Powers in Wartime: Standard level activity
Presidential Powers in Wartime: AP level activity
Cartoon Analysis

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    After the Case

Did the Court Err in Korematsu
Cases in the War Against Terrorism
Fred Korematsu's Obituary


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Additional Resources
Densho: the Japanese American Legacy
Exploring the Japanese American Internment
Virtual Museum of San Francisco: Internment of the Japanese

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