06_takahashi

06_takahashi - TAKAHASHI v. FISH AND GAME COMMISSION ET AL....

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TAKAHASHI v. FISH AND GAME COMMISSION ET AL. No. 533 SUPREME COURT OF THE UNITED STATES 334 U.S. 410; 68 S. Ct. 1138; 92 L. Ed. 1478; 1948 U.S. LEXIS 2718 April 21-22, 1948, Argued June 7, 1948, Decided ] MR. JUSTICE BLACK delivered the opinion of the Court. The respondent, Torao Takahashi, born in Japan, came to this country and became a resident of California in 1907. Federal laws, based on distinctions of "color and race," Toyota v. United States , 268 U.S. 402, 411-412, have permitted Japanese and certain other non-white racial groups to enter and reside in the country, but have made them ineligible for United States citizenship. n1 The question presented is whether California can, consistently with the Federal Constitution and laws passed pursuant to it, use this federally created racial ineligibility for citizenship as a basis for barring Takahashi from earning his [***1484] living as a commercial fisherman in the ocean waters off the coast of California. - - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - n1 The comprehensive laws adopted by Congress regulating the immigration and naturalization of aliens are included in Title 8 of the U.S. Code; for codification of laws governing racial and color prerequisites of aliens to citizenship see 8 U. S. C. § 703. An act adopted by the first Congress in 1790 made "free white persons" only eligible for citizenship. 1 Stat. 103. Later acts have extended eligibility of aliens to citizenship to the following groups: in 1870, "aliens of African nativity and . . . persons of African descent," 16 Stat. 254, 256; in 1940, "descendants of races indigenous to the Western Hemisphere," 54 Stat. 1137, 1140; in 1943, "Chinese persons or persons of Chinese descent," 57 Stat. 600, 601; and in 1946, Filipinos and "persons of races indigenous to India," 60 Stat. 416. While it is not wholly clear what racial groups other than Japanese are now ineligible to citizenship, it is clear that Japanese are among the few groups still not eligible, see Oyama v. California , 332 U.S. 633, 635, n. 3, and that, according to the 1940 census, Japanese aliens constituted the great majority of aliens living in the United States then ineligible for citizenship. See concurring opinion of MR. JUSTICE MURPHY in Oyama v. California, supra at 650, 665, 666, nn. 20 and 22. - - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*413] Prior to 1943 California issued commercial fishing licenses to all qualified persons without regard to alienage or ineligibility to citizenship. From 1915 to 1942 Takahashi, under annual commercial fishing licenses issued by the State, fished in ocean waters off the California coast, apparently both within and without the three-mile coastal belt, and brought his fresh fish ashore for sale. In 1942, while this country was at war with Japan, Takahashi and other California residents of Japanese ancestry were evacuated from the State under military orders. See Korematsu v. United States
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This note was uploaded on 10/12/2008 for the course AS AM 2 taught by Professor Park during the Spring '08 term at UCSB.

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06_takahashi - TAKAHASHI v. FISH AND GAME COMMISSION ET AL....

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