2.4 - Reparation, Redress, Civil Liberties Act of 1988
Grade: 7-12Subject: English Language Arts, U.S. History
Number of Activities: 2
Overview:
This lesson explores the topics of Japanese American incarceration and redress, its relation to the definition of an “American,” rights, and the Census. The lesson also explains how Constitutional rights are basic human rights granted to all people regardless of citizenship as well as the differences that benefit an American citizen. To further analyze Japanese incarceration camps, studying the Census will explain its role in carrying out Executive Order 9066 as well as how the laws have changed to protect all Americans. Lastly, students will review the Civil Liberties Act of 1988 to understand how the American government apologized for the treatment of Japanese Americans.
 
Learning Objectives:
Students will:
 
Topic/Background Essay:
After the bombing of Pearl Harbor on December 7, 1941, the United States entered into World War II, fighting Japan, Germany and Italy. Within a few months Japanese Americans found their rights violated through the Executive Order 9066, issued by President Franklin Roosevelt. This executive order was aimed at forced relocation and incarceration of Japanese Americans in camps. The Civil Liberties Act of 1988, a formal apology by the U.S. government, acknowledged and made restitution for the treatment of Japanese Americans during World War II. Of the 110,000 people of Japanese ancestry who were incarcerated, two-thirds (over 70,000) were American-born citizens.
But what does it mean to be American?
Geographic identification of an American applies to anyone from North and South America.
You may consider a person’s nationality, place of birth which makes the person a member of that nation.
The social identification of an American includes words such as race and ethnicity. National Geographic defines race or ethnicity.
Then, there’s the political definition of an American - citizenship. According to the U.S. Constitution, there are two paths to become a U.S. citizen: birthright and naturalization. Birthright citizenship refers to all persons born in the United States (or born to American parents) whereas naturalization refers to a person who completes the legal process to become a citizen. American citizenship entails specific rights, duties and benefits. Ultimately, the definition of an American is complicated and varies depending if the question is regarding race, ethnicity, nationality and citizenship. Throughout history, the American government enacted policies to limit and restrict immigration and citizenship of different ethnic groups.
What does this have to do with Japanese Incarceration? At the time of the United States’ entry to World War II in 1941, the Nisei (the second generation) were citizens by birthright, though the Issei (first generation of immigrants from Japan) were barred from citizenship. Although the U.S. government did not always protect all persons equally, the Constitution protects all people regardless of citizenship. The Bill of Rights in the U.S. Constitution uses the words “person”, “people” or the “accused” and does not use “citizen”. How were the rights of Japanese Americans violated during this period?
 
Vocabulary:
 
Discussion Questions:
 
Activity 1: Key Historical Profiles
As seen in the video, many individuals and groups fought to redress the injustices towards Japanese Americans. The efforts by activists such as Edison Uno and Amy Uno led to the Civil Liberties Act of 1988, signed by President Ronald Reagan, which initiated the restitution process.
Break classroom into small groups to research historical figures and their contribution to ending the incarceration and the subsequent acts to redress the injustices towards Japanese Americans.
Encourage students to utilize sites like Densho Encyclopedia to begin their research:
  1. Divide your class into small groups and assign each group a profile to research.
  2. Have students complete a write-up of the profile of this person, which include:
    • Key activities and accomplishments
    • Accolades and honors
    • A word or phrase to show one thing this person values
    • Reflection on how this person is viewed or celebrated by society and their significance in history
    • Additionally, create a drawing or collect photograph clippings of the person
  3. Have each share with the class what they learned about their assigned profile through a class discussion, short presentation, or gallery walk, etc.
 
Activity 2: The United States Census
The census is a decennial (every 10 years) survey that has been conducted since 1790 as required by the U.S. Constitution (Article 1, Section 2). The purpose of the decennial census is to 1) determine how much representation a state has in the House of Representatives and 2) determine how to disburse federal financial aid to the states. The census survey includes questions such as age, marital status, education, income, and other questions used to study the nation’s demographics. All residents are counted regardless of citizenship status or what the answers to the census are. This means everyone matters and are accounted for to determine the number of seats their respective state receives for the House of Representatives, the number of electors for the presidential election, and fund or subsidize programs in education (such as Head Start and Federal Pell Grants for college), food, law enforcement, public works, and much more. In short, the Census is a way to show that all persons matter in making a difference.
In 1940, the Census Bureau relaxed census confidentiality rules to access data on Japanese Americans. The U.S. government used the census to easily target Japanese Americans. The Census Bureau released Japanese American names and addresses to support Executive Order 9066. However, in 1978, the 72-Year Rule “restricts access to decennial census records to all but the individual named on the record or their legal heir”. Even though the 72-Year Rule was too late in protecting Japanese incarceration, the Census Bureau, along with other measures, are now in place to prevent history from repeating.
Discussion Questions:
 
Further Information:
“The Bill of Rights: A Transcription.” National Archives and Records Administration, National Archives and Records Administration, www.archives.gov/founding-docs/bill-of-rights-transcript.
Wang, Hansi Lo. “Some Japanese-Americans Wrongfully Imprisoned During WWII Oppose Census Question.” NPR, 26 Dec. 2018, www.npr.org/2018/12/26/636107892/some-japanese-americans-wrongfully-imprisoned-during-wwii-oppose-census-question.
“What Are the Benefits and Responsibilities of Citizenship?” U.S. Citizen and Immigration Services, 2020, www.uscis.gov/sites/default/files/files/article/chapter2.pdf.