People Make Constitutional Law

We didn't discusss the case of Korematsu in class, although several 'mates briefed it. The post's title makes a simple point.

Fred Korematsu passed away in March, 2005. He lived long enough to see the case repudiated and to receive the Medal of Freedom. From the Medal of Freedom page:

Korematsu's family, like most Japanese Americans in the Bay Area, was taken first to Tanforan race track in San Mateo County, then shipped out to the secluded Topaz internment camp in Utah. But Korematsu -- who was 22, had a girlfriend, and a job -- didn't want to go.

``I was just living my life, and that's what I wanted to do,'' he said in a 1987 interview.

In jail awaiting his court date, Korematsu's anger began to grow. ``It burned me up. I am an American citizen, and to have the government classify me as an enemy alien is wrong,'' he said.

Korematsu filed a brief on behalf of the detained in the Detention Cases argued in 2004.