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Dark day in U.S. history should be remembered so we don’t do it again
DANIEL A. COTTER
Law Bulletin columnist
Published: March 3, 2017
In my last column, I explored President Franklin Delano Roosevelt’s Four Freedoms address on Jan. 6, 1941, in which he discussed freedom of speech; freedom of worship, freedom from want and freedom from fear.
Roosevelt’s intent, in part, was to provide the United States with a rationale for abandoning its isolationist policies adopted after World War I.
Less than one year later, on Feb. 19, 1942, Roosevelt signed Executive Order 9066 authorizing the secretary of war to establish certain areas on the western U.S. as military zones.
This in turn, turned to the internment of Japanese-American citizens. In another recent column, I noted that Executive Order 9066 was one of the most infamous orders ever issued by a president. This column takes a closer look at that executive order.
In the aftermath of the Japanese attack on Pearl Harbor, Roosevelt and the military were concerned that Japanese-Americans (as well as Americans of German and Italian ancestry) might engage in acts of espionage and sabotage. To protect certain areas of the country from these perceived threats the order, in part, stated:
“Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of Nov[.] 30, 1940, 54 Stat. 1220, and the Act of Aug[.] 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104);
“Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion.
“The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order.”
The military declared the entire West Coast a military area under Executive Order 9066. On March 9, 1942, Roosevelt signed Public Law 503 which provided for the enforcement of Executive Order 9066, making a violation of the executive order a misdemeanor for anyone who “appears that he knew or should have known of the existence and extent of the restrictions or order” punishable by a fine of up to $5,000 or imprisonment for up to one year for each offense.
The internment
As a result of Executive Order 9066, more than 110,000 Japanese-Americans residing on the Pacific coast were interned in camps in the interior of the country. Col. Karl Bendetsen, who was authorized to carry out the executive order, issued numerous Western Defense Command orders for Japanese-Americans to present themselves for removal to the internment camps.
Many of those forced to relocate were citizens and considered themselves loyal to the United States. While 10 Americans were convicted of spying for Japan during World War II, no Japanese-American citizen or Japanese national was ever found guilty of either sabotage or espionage.
Ford’s rescission of the order
On Feb. 19, 1976, President Gerald Ford rescinded Executive Order 9066 by Proclamation 4417, “Confirming the Termination of Executive Order Authorizing Japanese-American Internment During World War II.” The proclamation stated in part:
“Learning from our mistakes is not pleasant, but as a great philosopher once admonished, we must do so if we want to avoid repeating them.
“Feb[.] 19 is the anniversary of a sad day in American history. It was on that date in 1942, in the midst of the response to the hostilities that began on Dec[.] 7, 1941, that Executive Order 9066 was issued, subsequently enforced by the criminal penalties of a statute enacted March 21, 1942, resulting in the uprooting of loyal Americans.
“Over 100,000 persons of Japanese ancestry were removed from their homes, detained in special camps and eventually relocated.
“The tremendous effort by the War Relocation Authority and concerned Americans for the welfare of these Japanese-Americans may add perspective to that story, but it does not erase the setback to fundamental American principles. Fortunately, the Japanese-American community in Hawaii was spared the indignities suffered by those on our mainland.
“We now know what we should have known then — not only was that evacuation wrong, but Japanese-Americans were and are loyal Americans. On the battlefield and at home, Japanese-Americans — names like Hamada, Mitsumori, Marimoto, Noguchi, Yamasaki, Kido, Munemori and Miyamura — have been and continue to be written in our history for the sacrifices and the contributions they have made to the well-being and security of this, our common [n]ation.
“The Executive Order that was issued on Feb[.] 19, 1942, was for the sole purpose of prosecuting the war with the Axis Powers and ceased to be effective with the end of those hostilities. Because there was no formal statement of its termination, however, there is concern among many Japanese-Americans that there may yet be some life in that obsolete document.
“I think it appropriate, in this our Bicentennial Year, to remove all doubts on that matter, and to make clear our commitment in the future.”
Executive Order 9066 seems at odds with Roosevelt’s Four Freedoms speech given less than one year earlier, but as Ford noted, the exigencies of war provide some perspective on why that is so. In 1982, the Commission on Wartime Relocation and Internment of Civilians issued a report, Personal Justice Denied, finding little evidence of disloyalty, sabotage or threats by the Japanese- Americans who had been living on the Pacific Coast during WWII, and ordered reparations be paid to those impacted by the internment.
With the passing of the 75th anniversary of Executive Order 9066, a reflection on this infamous action seems appropriate so that we as a nation do not again pursue a similar path.
Daniel A. Cotter is a partner at Butler Rubin Saltarelli & Boyd LLP and an adjunct professor at The John Marshall Law School, where he teaches SCOTUS Judicial Biographies. The article contains his opinions and is not to be attributed to anyone else. He can be reached at dcotter@butlerrubin.com.