
Justice Arthur Goldberg: “An Unconscionable Evil Act” - Los Angeles (1981)
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About this listen
Commissioner Arthur Goldberg, former Supreme Court Justice and U.S. Secretary of Labor, addressed the Commission as he prepared to leave the hearings due to illness. Speaking personally, not officially for the panel, Goldberg reflected on the purpose of the hearings, the dangers of division, and the meaning of constitutional justice.
Personal Note: Thanked the Commission and the public, explaining his early departure for health reasons.
On the Commission’s Task: Reminded listeners that Congress created the Commission with bipartisan support, and its duty was to listen before making recommendations on redress.
Civility & Democracy: Urged restraint and respect after disruptions in the hearing room, insisting disagreement must be expressed civilly, not physically.
On Incarceration: Called the evacuation of Japanese Americans “an unconscionable evil act” by the government. Dismissed debates over terminology — “relocation center” or “concentration camp” — as semantic. What mattered was that people were unjustly confined behind barbed wire.
Constitutional Principles: Emphasized that both citizens and resident aliens were denied due process and equal protection. Criticized the Supreme Court’s wartime rulings in Korematsu and Hirabayashi, comparing them to Dred Scott and Plessy v. Ferguson as historic failures.
Redress & Apology: Declared that an official apology should come from both Congress and the President. Financial compensation was necessary, though the exact form and amount must be shaped by testimony and debate.
Root Causes: Stressed that mass incarceration happened only because Japanese Americans “looked different.” Germans and Italians were not targeted en masse — the injustice was racial.
Final Appeal: Quoted scripture: “Justice, justice shall thou pursue.” Urged the Commission and the nation to give justice to Japanese Americans and to eliminate prejudice from future government action.