This case took place in 1944. Executive Order 9066 and congressional statutes gave the military authority to exclude Japanese people from areas deemed critical to national defense and potentially vulnerable to espionage. However, Fred Korematsu stayed in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S army. The question was did the President and Congress go beyond their was powers by implementing exclusion and restricting the rights of Americans of Japanese descent? The court voted 6 to 3 against Korematsu. Justice Black stated that compulsory exclusion, though suspect, is justified during circumstance of "emergency and peril".