Review The Asian American Brief Historical Chronology

Reviewthe Asian American Brief Historical Chronology And The Notes On

Review the Asian American Brief Historical Chronology and the Notes on the Ancheta text; choose one historical event that is, in your view, the most serious violation of constitutional rights that should have protected Asian Americans from legal and political harm, but did not; identify the constitutional right or combination of rights involved, specifying their source from among the Amendments to the US Constitution, and; explain how those constitutional rights of the Asian ethnic group or groups were violated.

Paper For Above instruction

The history of Asian Americans in the United States is marked by numerous periods of discrimination and violation of civil rights. Among these, the internment of Japanese Americans during World War II stands out as perhaps the most egregious violation of constitutional rights. This event not only disrupted the lives of thousands of Japanese Americans but also represented a fundamental breach of the civil liberties guaranteed by the U.S. Constitution. Analyzing this event reveals how violations of constitutional protections, particularly those enshrined in the First, Fourth, Fifth, and Fourteenth Amendments, occurred and underscores the critical importance of upholding these rights even in times of national crisis.

The internment of Japanese Americans began shortly after the attack on Pearl Harbor in 1941, when the U.S. government, citing national security concerns, forcibly relocated approximately 120,000 Japanese Americans from the West Coast to internment camps across the interior of the country (Daniels, 1993). This mass relocation was carried out through Executive Order 9066, signed by President Franklin D. Roosevelt. The order lacked specific judicial oversight or due process protections, effectively allowing the executive branch to detain citizens without evidence or trial, a clear violation of the constitutional principle of due process protected by the Fifth Amendment (U.S. Const. amend. V).

The Fifth Amendment guarantees that no person shall be deprived of "life, liberty, or property, without due process of law." The internment, carried out swiftly and en masse, bypassed any judicial review or individual assessments. The government cited "military necessity" as justification, yet there was little credible evidence suggesting that Japanese Americans posed a threat to national security. Instead, their constitutional rights were eroded under the guise of wartime exigencies, violating the principles of justice and equality embedded in the Constitution.

Furthermore, the violation extended to the right to equal protection under the law, as protected by the Fourteenth Amendment. Japanese Americans faced mass detention based solely on their ethnicity and national origin, not upon any suspicion of wrongdoing. This racial discrimination contravened the Equal Protection Clause, which mandates that no state shall deny any person within its jurisdiction the equal protection of the laws (U.S. Const. amend. XIV). The internment represented an instance of institutionalized racial bias, resulting in a significant infringement of civil rights based on ethnicity.

The First Amendment was also indirectly implicated, as the internment suppressed Japanese Americans' freedom of speech and association. Many Japanese Americans wished to express loyalty or protest their treatment; however, government restrictions and social hostility limited their ability to voice dissent or organize. The suppression of free speech and assembly further compounded the violations of constitutional protections.

These breaches of constitutional rights were eventually acknowledged decades later, culminating in the Civil Liberties Act of 1988, which formally apologized and provided reparations to internment survivors. The act recognized that the internment was based on "race prejudice, war hysteria, and a failure of political leadership," emphasizing the importance of protecting civil liberties even during crises (Civil Liberties Act, 1988). However, the initial violations served as a stark reminder of the dangers posed when constitutional protections are ignored or subverted.

In conclusion, the internment of Japanese Americans during World War II is arguably the most serious constitutional violation against Asian Americans in U.S. history. It involved violations of the Fifth Amendment's guarantee of due process and the Fourteenth Amendment's guarantee of equal protection. This event exemplifies the critical need for vigilance in safeguarding constitutional rights, particularly for marginalized groups subjected to discrimination and political targeting. Recognizing and rectifying such violations is essential for maintaining the integrity of American democracy and ensuring that civil liberties are protected for all citizens, regardless of their ethnicity or political circumstances.

References

Daniels, R. (1993). Guarding the gates: The history of ethnic conflict in American immigration. New York: Free Press.

Civil Liberties Act of 1988, Pub. L. 100-383, 102 Stat. 903.

U.S. Const. amend. V.

U.S. Const. amend. XIV.