Wednesday, July 1, 2009

Hirabayashi vs US - A case digest

Hirabayashi vs US
320 U.S. 81 (1943)


After the bombing of Pearl Harbor, President Roosevelt issued EO 9066 which was later endorsed by the Congress thru HR. 1911 authorizing the Secretary of War to adapt measures in protecting the state against espionage and espionage.

General Dewitt then issued Public Proclamation No. 1 and 2 defining the military zones. Public Proclamation No. 3 was released thereafter imposing curfew hours on all alien Japanese, all alien Germans, and all alien Italians including all persons of Japanese ancestry, and that they all be confined within their respective residences between 8pm- 6am.

Hirabayashi failed twice to adhere to the curfew and was therefore sentenced to one month and one day imprisonment.


WON EO 9066 is constitutional and that if it violates the Fifth Amendment as to descriminating citizens as to their race or ancestry.

WON the congress unjustly delegated its powers to another in promulgating laws.


The US supreme Court affirmed the constitutionality of EO 9066 pointing out the necessity to adapt such measures in time of war to prevent the country from espionage and sabotage. In addition, the Supreme Court also upheld the constitutionality of the Congress delegating its legislative function to another. The Proclamation No. 3, EO 9066 and HR 1911 should not be taken individually but is rather each as an affirmation of the other and that they are all in conformity.


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