1 | 1 | | III |
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2 | 2 | | 119THCONGRESS |
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3 | 3 | | 1 |
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4 | 4 | | STSESSION S. RES. 47 |
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5 | 5 | | Designating January 30, 2025, as ‘‘Fred Korematsu Day of Civil Liberties |
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6 | 6 | | and the Constitution’’. |
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7 | 7 | | IN THE SENATE OF THE UNITED STATES |
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8 | 8 | | JANUARY30, 2025 |
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9 | 9 | | Ms. H |
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10 | 10 | | IRONO(for herself, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. BOOKER, |
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11 | 11 | | Ms. C |
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12 | 12 | | ORTEZMASTO, Mr. KAINE, Mr. MERKLEY, Mrs. MURRAY, Mr. |
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13 | 13 | | P |
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14 | 14 | | ADILLA, Mr. WHITEHOUSE, and Mr. WYDEN) submitted the following |
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15 | 15 | | resolution; which was referred to the Committee on the Judiciary |
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16 | 16 | | RESOLUTION |
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17 | 17 | | Designating January 30, 2025, as ‘‘Fred Korematsu Day |
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18 | 18 | | of Civil Liberties and the Constitution’’. |
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19 | 19 | | Whereas Fred Toyosaburo Korematsu was born on January |
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20 | 20 | | 30, 1919, in Oakland, California, to Japanese immigrant |
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21 | 21 | | parents; |
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22 | 22 | | Whereas Fred Korematsu attempted to enlist in the United |
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23 | 23 | | States National Guard and the United States Coast |
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24 | 24 | | Guard after the United States entered World War II and |
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25 | 25 | | was rejected because of his Japanese ancestry; |
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26 | 26 | | Whereas after the signing of Executive Order 9066 on Feb- |
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27 | 27 | | ruary 19, 1942, by President Franklin Delano Roosevelt, |
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28 | 28 | | which authorized the forced imprisonment of 120,000 |
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29 | 29 | | people of Japanese descent into prison camps, the major- |
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32 | 32 | | •SRES 47 IS |
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33 | 33 | | ity of whom were American citizens, Fred Korematsu re- |
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34 | 34 | | sisted that infringement of American civil liberties and |
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35 | 35 | | attempted to continue his life as an American citizen |
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36 | 36 | | until he was arrested, convicted, and incarcerated at a |
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37 | 37 | | concentration camp in Topaz, Utah; |
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38 | 38 | | Whereas, in 1944, Fred Korematsu appealed his case to the |
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39 | 39 | | United States Supreme Court, which ruled against him, |
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40 | 40 | | declaring in Korematsu v. United States that Japanese |
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41 | 41 | | incarceration was a ‘‘military necessity’’ rather than an |
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42 | 42 | | egregious act of racial discrimination; |
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43 | 43 | | Whereas, in 1980, President Jimmy Carter created the Com- |
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44 | 44 | | mission on Wartime Relocation and Internment of Civil- |
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45 | 45 | | ians (CWRIC), which concluded in 1983 that the forced |
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46 | 46 | | removal and imprisonment of people of Japanese ancestry |
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47 | 47 | | was motivated by ‘‘race prejudice, war hysteria, and a |
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48 | 48 | | failure of political leadership’’; |
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49 | 49 | | Whereas, during this time, researchers at the University of |
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50 | 50 | | California, San Diego uncovered documents from the |
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51 | 51 | | United States Department of Justice in which intel- |
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52 | 52 | | ligence agencies, including the FBI, the FCC, and the |
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53 | 53 | | Office of Naval Intelligence, denied that Japanese-Ameri- |
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54 | 54 | | cans ever committed wrongdoing, but which were never |
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55 | 55 | | presented to the United States Supreme Court during |
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56 | 56 | | Korematsu v. United States; |
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57 | 57 | | Whereas following the conclusion of the Commission on War- |
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58 | 58 | | time Relocation and Internment of Civilians and the find- |
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59 | 59 | | ings on governmental misconduct, Fred Korematsu re- |
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60 | 60 | | opened his case, and on November 10, 1983, the United |
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61 | 61 | | States District Court of Northern California in San |
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62 | 62 | | Francisco overturned his conviction; |
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65 | 65 | | •SRES 47 IS |
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66 | 66 | | Whereas Fred Korematsu’s courageously fought injustice by |
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67 | 67 | | challenging the constitutionality of Executive Order |
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68 | 68 | | 9066, and his lawsuit remains an important lesson about |
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69 | 69 | | the fragility of individual civil liberties during a time |
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70 | 70 | | when the Nation is experiencing threats to its national |
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71 | 71 | | security; |
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72 | 72 | | Whereas Fred Korematsu continued to fight injustice and de- |
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73 | 73 | | fend the liberties of Muslim people when, in 2003, he |
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74 | 74 | | warned in an amicus brief that the United States ex- |
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75 | 75 | | treme national security measures following the terrorist |
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76 | 76 | | attacks of September 11, 2001, were reminiscent of the |
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77 | 77 | | mistakes of the past that undermined American civil lib- |
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78 | 78 | | erties, including the Alien and Sedition Acts of 1798, the |
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79 | 79 | | suspension of habeas corpus during the Civil War, the |
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80 | 80 | | prosecution of dissenters during World War I, the Red |
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81 | 81 | | Scare of 1919–1920, the interment of people of Japanese |
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82 | 82 | | descent during World War II, and the era of loyalty |
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83 | 83 | | oaths and McCarthyism during the Cold War; |
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84 | 84 | | Whereas the democratic character of the American people will |
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85 | 85 | | be nourished and enhanced by opportunities for civic edu- |
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86 | 86 | | cation on the significant challenges that have been posed |
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87 | 87 | | to our Constitution; |
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88 | 88 | | Whereas a day of annual national reflection on how the Fred |
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89 | 89 | | Korematsu quest for justice is important to educating the |
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90 | 90 | | American people about preserving civil liberties and the |
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91 | 91 | | principle of equality before the law; and |
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92 | 92 | | Whereas the States of California, Florida, Hawaii, Virginia, |
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93 | 93 | | Arizona, New Jersey, and Michigan have already des- |
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94 | 94 | | ignated January 30 as Fred Korematsu Day to com- |
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95 | 95 | | memorate his lifelong fight for civil liberties and the Con- |
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96 | 96 | | stitution: Now, therefore, be it |
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99 | 99 | | •SRES 47 IS |
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100 | 100 | | Resolved, That the Senate— 1 |
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101 | 101 | | (1) designates January 30, 2025, as ‘‘Fred 2 |
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102 | 102 | | Korematsu Day of Civil Liberties and the Constitu-3 |
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103 | 103 | | tion’’; 4 |
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104 | 104 | | (2) recognizes Fred Korematsu’s bravery and 5 |
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105 | 105 | | resilience in the face of adversity; and 6 |
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106 | 106 | | (3) encourages all people to reflect on the im-7 |
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107 | 107 | | portance of political leadership and vigilance and on 8 |
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108 | 108 | | the values of justice and civil rights during times of 9 |
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109 | 109 | | uncertainty and emergency. 10 |
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110 | 110 | | Æ |
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112 | 112 | | kjohnson on DSK7ZCZBW3PROD with $$_JOB |
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