10-22 - POLSCI 319 LECTURE PRISONERS WITHOUT TRIAL 10/22/09...

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POLSCI 319 LECTURE PRISONERS WITHOUT TRIAL 10/22/09 10 Cases that defined who was white: Ah Yup o Easy case for the courts—popular knowledge (if you ask any person on the street or any scientist if a Chinese is white, they will say no) Najour o Someone of middle eastern descent o A little more complicated o Starting to have the “science” of race o The concept of “caucasian” was beginning to open up at the turn of the century— including many more people o Decision: court says we’re going to follow science and let in someone of middle eastern descent Race is not about color Shahid/Dow o Mark a shift where there is uncertainty/instability among these court decisions o No agreement in the court about whether to use science or whether to use popular knowledge o Courts beginning to disparage science, but this disaparaging does not become dominant or set legal precedent until 1923 Ozawa (1922) o Should not be understood as precedent for Korematsu in a technical/legal sense even though it involves someone of Japanese descent Korematsu was not an actualization case—question was not whether or not Korematsu could become U.S. citizen o Set a whole set of rules of who belongs to America, what are the traits for American citizenship? Capacity for self-control, for good (traits for republicanism that have been
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This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

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10-22 - POLSCI 319 LECTURE PRISONERS WITHOUT TRIAL 10/22/09...

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