Executive Order 9066 - February 19, 1942 - The Complete Text

Introduction excerpted from page 22
American and Japanese Relocation in World War II
Fact, Fiction and Fallacy
by Lillian Baker
WEBB RESEARCH GROUP PUBLISHERS
Copyright © Bert Webber 1996

The executive order, February 19, 1942 under which the military commander on the West Coast was given the authority by the President who is the Commander-in-Chief, to exclude "any and all persons" deemed to be a danger to national security.

Under this power the military in the declared "war zones on the Pacific Frontier," initiated curfew and eventual exclusion of some persons, notably Japanese from the military designated areas. E.O. 9066, Feb. 19, 1942 was a landmark test case in 1943 and 1944, (Hirabayashi, Yasui and Korematsu cases.) Curfew was upheld unanimously by the U.S. Supreme Court for public safety and national security, and for the same reasons the highest Court ruled 6-3 that E.O. 9066, Feb. 19, 1942, was constitutional on the grounds that it was "nothing more than an exclusion order" not based on "racism" but because we were at war with the Empire of Japan; because "there were disloyalties"; and because in wartime the government places its confidence in military leaders "as inevitably it must."

Despite the lower courts vacating some of the charges in these cases, the decision of the U.S. Supreme Court cannot be reversed by any lower court, thus still stands today.

The following is the text of the Executive Order, in its entirety, presented in both screen readable and Adobe Acrobat printable formats. For the Acrobat version, click on the Acrobat symbol.

E X E C U T I V E  O R D E R  9 0 6 6 — F e b r u a r y  19,  1942

WHEREAS the successful prosecution of the war required every possible protection against espionage and against sabotage to national-defense materials, national-defense premises, and national-defense utilities, as defined:

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 persons 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 judgement of the Secretary of War, of the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.

I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies. I hereby further authorize and direct all Executive commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.

This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7, and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.

February 19,1942 -Franklin D. Roosevelt

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