Opening Statement (Defensible Claim):
Ladies and gentlemen of the jury, we come to you today as a diverse group of individuals, a
representation of what America is, a melting pot. We speak today on behalf of Fred Korematsu, a
Japanese American who was unjustly asked to relocate. President Roosevelt’s issuance of Executive
Order 9066 targeted the Japanese-American population, most of whom are God-fearing American
citizens, no different from you and I. Under what circumstances was it appropriate to forcibly remove and
target these law-abiding citizens? The Constitution states that the people have the right to due process and
equal protection under the law. Tell me, what proof do you have that these Americans were a threat to our
national security? Why not target the other Axis powers?
We come before you today in hopes you will uphold the Constitution and defend the rights of the
American people. Thousands of innocent people are being forced out of their homes, and for what? Let us
remember the wise words of the framers, and know that if you uphold the United States' tyrannical order,
what’s to say that President Roosevelt isn’t the next King George?
With an insurmountable amount of evidence, there is no doubt in my mind that you will do what’s right
and take the side of Fred Korematsu. Thank you.
Constitutional Evidence: 14th amendment
How it supports the claim: Provides all citizens with equal protections under the law. Including
providing equal protection to all racial groups. Korematsu and Japanese americans’ 14th amendment
protection was violated as executive order 9066 was directed towards the internment and restriction of
only Japanese Americans.
Secondary Evidence: Declaration of Independence
How it supports the claim: “We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and
the pursuit of Happiness.” The discrimination against Japanese Americans goes against the fact that all
men are created equal, and the forced relocation of people with Japanese descent to inhumane conditions
certainly goes against the unalienable rights of life, liberty, and the pursuit of happiness.
Third Evidence: Article I, Section 9 of the Constitution
How it supports the claim: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless
in Cases of Rebellion or Invasion the public Safety may require it.”
The writ of Habeas Corpus, which is the protection of individual liberties, was not suspended by
Congress. Thus, the government did not have the power to deprive the Japanese American citizens of
their individual liberty by forcing them to reside in internment camps. Also, since the assault on Pearl
Harbor was not a rebellion since the assault was committed by Japanese citizens who lived in Japan and
