Results by title

Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present.

From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.

From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies

The Chinese Exclusion Act of 1882 made the Chinese the first immigrant group officially excluded from the United States. In Paper Families, Estelle T. Lau demonstrates how exclusion affected Chinese American communities and initiated the development of restrictive U.S. immigration policies and practices. Through the enforcement of the Exclusion Act and subsequent legislation, the U.S. immigration service developed new forms of record keeping and identification practices. Meanwhile, Chinese Americans took advantage of the system’s loophole: children of U.S. citizens were granted automatic eligibility for immigration. The result was an elaborate system of “paper families,” in which U.S. citizens of Chinese descent claimed fictive, or “paper,” children who could then use their kinship status as a basis for entry into the United States. This subterfuge necessitated the creation of “crib sheets” outlining genealogies and providing village maps and other information that could be used during immigration processing.

Drawing on these documents as well as immigration case files, legislative materials, and transcripts of interviews and court proceedings, Lau reveals immigration as an interactive process. Chinese immigrants and their U.S. families were subject to regulation and surveillance, but they also manipulated and thwarted those regulations, forcing the U.S. government to adapt its practices and policies. Lau points out that the Exclusion Acts and the pseudo-familial structures that emerged in response have had lasting effects on Chinese American identity. She concludes with a look at exclusion’s legacy, including the Confession Program of the 1960s that coerced people into divulging the names of paper family members and efforts made by Chinese American communities to recover their lost family histories.