2.5 - Protecting our Democracy
OverviewObjectivesEssayDiscussion QuestionsActivity 1Activity 2Activity 3 Further Information StandardsCredits
Grade: 7-12Subject: English Language Arts, U.S. History
Number of Activities: 3
Overview:
The incarceration of Japanese Americans in World War II was a grave failure of our democracy and highlights the dangers that can result when the three branches of government failed to uphold the Constitution and certain communities are excluded from political power. Until the 1950s, Asian Americans were not allowed to become naturalized citizens and did not have the power to vote or engage in many of America’s political processes. In this lesson, students will investigate how citizenship and voting rights have evolved throughout history and reflect critically on how the rights and privileges conferred by citizenship impact political power on both an individual and community level.
 
Learning Objectives:
Students will:
 
Topic/Background Essay:
On the morning of December 7, 1941, Japan conducted a surprise military attack on the United States naval base at Pearl Harbor in Hawaiʻi, killing 2,403 people including U.S. personnel and civilians. The attack also badly damaged naval vessels, battleships and aircraft. This event ushered the United States into World War II, with the United States formally declaring war the following day.
In the aftermath of this attack, some Americans developed unfounded fears about their fellow Japanese American citizens and what they might do to sabotage America’s efforts in World War II. On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, an order that forced all Americans of Japanese descent into internment camps. In March 1942, Congress passed Public Law 77-503 that allowed for fining and imprisonment of those that did not comply with internment orders. All in all,110,000 Japanese Americans - 79,000 who were American citizens - were incarcerated, leaving behind their homes, their businesses, their livelihoods.
Despite their American citizenship, Japanese Americans’ constitutional rights were not recognized. Their loss of rights and freedoms included, but were not limited to: right to be informed of the charges; right to legal counsel; right to speedy and public trial; freedom from cruel and unusual punishment; and right to equal protection under the laws.
On May 30, 1942, Japanese American citizen Fred T. Korematsu was arrested for violating Executive Order 9066 after refusing to go to the government’s internment camps. He ultimately appealed his case all the way to the Supreme Court, challenging the legality of the Executive Order.
The Supreme Court upheld Korematsu’s conviction by a ruling of 6 - 3, declaring that the incarceration was not caused by racism and that this was justified. Writing for the majority was Justice Hugo Black who wrote that "all legal restrictions which curtail the civil rights of a single racial group are immediately suspect" and not all such restrictions are inherently unconstitutional. "Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can."
In a strongly worded dissent by Justice Robert Jackson wrote, “Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that, apart from the matter involved here, he is not law-abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." Jackson considered this the legalization of racism that violated the Equal Protection Clause of the Fourteenth Amendment. “The Court for all time has validated the principle of racial discrimination… The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need.”
The Court’s decision was widely criticized by many civil libertarians at the time. And although Korematsu lost the 1944 Supreme Court case, he went on to become a civil rights hero and helped to spur the redress movement for Japanese Americans. The Civil Liberties Act of 1988 contained a formal apology and in the case Trump v. Hawaii (2018), the Supreme Court’s ruling essentially rejected and overturned the Korematsu decision.
 
Discussion Questions:
 
Activity 1: Constitutional Rights
In 1942, President Franklin D. Roosevelt issued Executive Order 9066, an order that forced all Americans of Japanese descent into internment camps. We will use this activity to explore what Constitutional Rights were violated.
Randomly assign students one of the following amendments. Have each student research their assigned amendment, writing down what it says and what it means in plain terms. Then have the students research in what ways were Japanese Americans rights violated in regards to the assigned amendment.
Amendments to assign for this activity:
When all students have completed the activity, have students hang up their results in groupings by amendments. Invite students to view the completed work and facilitate a discussion.
 
Activity 2: Mind Mapping and Hexagonal Thinking
This activity consists of two components to help students think about the relationship between citizenship, political power, and Japanese American incarceration during WWII. The students will first create a mind map about several key words and phrases. Then the students will create Hexagonal Thinking structures to discuss the connections and relationships between these concepts.
Part I: Mind Mapping
After viewing the film clip and reading the background essay, distribute sheets of paper and markers to students. In groups of 3-4 students, ask the students to write the following words/phrases in the center of each piece of paper:
Words and Phrases:
In small groups, ask students to free-associate and write words that come to mind with these concepts or phrases at the center of the paper. This activity should take no more than 10 minutes. Encourage students to include what they saw or read in the background film clip and essay, as well as draw from their own personal knowledge. Example below:
After students have finished their mind maps in small groups, conduct a discussion with the following questions:
Part II: Hexagonal Thinking
Distribute the five words/phrases (Democracy, Japanese American Incarceration, Citizenship, Right to Vote, Voter Suppression) on five different hexagonal cards.
Distribute each group of six cards to each small group. Have the students arrange them in ways that they think the words connect.
When introducing this activity to the class, you may say:
After each group completes their Hexagonal Thinking activity, ask each group to report out to the larger class. As a class, conduct a discussion around the following questions:
 
Activity 3: Timeline of Voting Rights
Voting in a democracy is a citizen's opportunity to participate in the democratic system. In this activity, students will create a timeline of U.S. history to learn about the history of enfranchisement in the United States.
As homework or an in-class assignment, assign each student one of the following events or topics to conduct independent research, with a focus on how these events changed who obtained 1) citizenship and 2) the right to vote.
Events:
Timeline Activity:
After the timeline activity is complete, walk through the timeline as a classroom, reviewing the different events. Ask students to take a look at the entire timeline and see how it all fits together. Conduct a conversation by asking the following questions:
 
Further Information:
“Bearing Witness to Japanese American Incarceration,” Facing History and Ourselves
“A Brief History of Japanese American Relocation During World War II,”National Park Service, U.S. Department of the Interior
“Japanese American Relocation,”United States Holocaust Memorial Museum
Fred Korematsu Institute
“The Orange Story,” Full Spectrum Features