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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