On December 18, 1944, the U.S. Supreme Court handed down one of its most controversial decisions when it upheld the government’s decision to intern all persons of Japanese ancestry (both alien and nonalien) on the grounds of national security. Over two-thirds of the Japanese in America were citizens and the internment took away their constitutional rights. In this lesson, students evaluate the consequences of past events and decisions related to the Supreme Court case Korematsu v. United States (1944). They consider the challenges involved when trying to balance civil liberties and national security during threatening times and reflect on the lessons learned about civil liberties from the justices in the Korematsu case.
Explain to students that tensions between the press and the military have always existed, as the goals of each group are often in conflict. Reporters want information to flow freely, while the military guards national security interests. The debate over how to balance these competing interests continues today.
Spark a conversation about the balance between national security and Fourth Amendment rights with this quick cartoon of Lady Liberty.
The terrorist attacks on Sept. 11, 2001, stunned the nation. As commander-in-chief, President George W. Bush responded quickly but soon all three branches of government would be embroiled in the struggle to balance national security with the protection of individual liberties amid a war on terror. This lesson plan is based on the Annenberg Classroom video “Habeas Corpus: The Guantanamo Cases.” The four cases are examples of how the Supreme Court, the president and Congress fought to balance national security and civil liberties during the war on terror. At the heart of each case was the constitutional right of habeas corpus, the right to have one’s detention or imprisonment reviewed in court.
This documentary explores the landmark case Korematsu v. U.S. (1944) concerning the constitutionality of presidential executive order 9066 during World War II that gave the U.S. military the power to ban thousands of American citizens of Japanese ancestry from areas considered important to national security. A PDF lesson plan accompanies this video.
Justices Stephen G. Breyer, Sandra Day O’Connor and Anthony M. Kennedy discuss two landmark cases, Korematsu v. U.S. and Hirabayashi v. U.S., in which the Supreme Court tried to strike a balance between individual rights and national security during wartime. The cases stem from President Franklin Roosevelt’s 1942 executive order that mandated the relocation of Japanese and Japanese Americans to internment camps. This video complements the documentary Korematsu and Civil Liberties.
A mere nine months ago no one knew the name Edward Snowden. Now not a week goes by without a news story related to his revelations about the National Security Agency (NSA). No doubt your class has already begun to ponder the implications of NSA information gathering and what it says about our system of governance. Does the executive branch, which controls the NSA through the Department of Defense, have too much power? How do we resolve the tension between liberty and security? Is Snowden, who released classified information, a traitor or a whistleblower? Were his actions morally justified?
Voices of History is a collection of eight Bill of Rights Institute curriculum resources including Being An American, Preserving the Bill of Rights, Founders and the Constitution, Supreme Court DBQs, Liberty and Security in Modern Times, Religious Liberty: An American Experiment, and Heroes and Villains. Teachers will have free access to each resources’ lessons plans and handouts.
This collection of documents on the Cold War continues TeachingAmericanHistory.org’s extended series of document collections covering major periods, themes and institutions in American history and government. The volume covers American aid to Europe in the early years of the Cold War and American intervention in subsequent years in conflicts around the world to contain the spread of Soviet power. Its documents also explore the dometic effects of the Cold War, chronicling how national security concerns affected relations between American citizens and between Americans and their government. Each volume includes:
Key documents on the period, theme or institution, selected by an expert and reviewed by an editorial board
A thematic table of contents, showing the connections between various documents
Study questions for each document as well as questions that refer to other documents in the collection
Notes on each document to identify people, events, movements, or ideas to improve understanding of the document’s historical context