Come in m 1960s illegal alien terminology came into

This preview shows page 10 - 12 out of 14 pages.

come in m. 1960s - “Illegal Alien” terminology came into being n. 1976 - changed hemispheric quota to 120,000 .. to per-country quota of 20,000 o. Early 1980s - undocumented immigrant worker conversation began p. Civil Rights Laws - mandates from supreme court and their interpretation of the constitution .... 14th amendment 5. Plenary Powers - located in the legislative branch, no other substitutions source putting a check on the govt...govt has total power, immigrant has no rights whatsoever..isn’t based on rule of law a. no power over and above what congress can do when making laws b. powers are plenary - doesn’t matter with due process clause c. when it comes to the substance of congressional laws, they can keep out whatever they want to d. Unchecked / absolute / sovereign powers that US congress makes e. What are some of the limits? i.Can enact some legislation that is so far out there they can vote them out ii.Powers when it comes to substance f. Are powers plenary when it comes to process? i.There are some restrictions when it comes to procedures, allows Congress/courts to get involved and poin to due process ii.PROCESS = HOW iii.SUBSTANCE = what (what groups are kept out) g. Did any of this exist prior to the constitution? Yes! i.Declaration of independence declares other country can tell these colonies what to do (sep. sovereign entity) ii.Can congress pass legislation that kicks all Jews out? 1. Unchecked powers Congress has over immigration but not over any other part 2. Lincoln suspended write of habeas corpus 3. When a gov’ts powers are limited and having plenary powers means full powers 4. States have sovereignty and federal government has sovereignty - some say states have a10
Image of page 10

Subscribe to view the full document.

more than fed gov..colonies existed before federal govt h. Ligomsky article i.Confess federal power/ executive branch / justices / judges aren’t privy to information, governments pass between them ii.Guest Theory 1. Why immigrants shouldn’t be given rights when individual has rights 2. ITS A PRIVILEGE iii.Unfair advantage theory 1. We grant rights to people that have full loyalty - not entitled to constitutional safeguard (Allegiance Theory) i. Chinese Exclusion (issues/questions) i.What is the source of federal immigration power ii.What did the Chinese Exclusion case say about this? iii.US has power to regulate immigration under international law, anything else? iv.Immigration power is rested in federal law not in states v.Political branches have plenary power w/o judicial review 1. Nation-states have sovereignty 2. When courts recognize plenary power, supreme court gets out of the way j. Burlingame Treaty (1868) i.US accepts Chinese immigration 1. US wants cheap labor and trade with China ii.US experiences severe economic recession 1873-1878 1. Provokes anti-chinese scapegoating iii.Granted China most favored nation status iv.1879 President Hayes vetoed legislation v.In 1880 both political party platforms pro-restrictions vi.discusses mutual advantage of free migration vii.1880 supplemental burlingame treaty - suspended immigrants but reaffirmed rights of those already in 1. allowed US to “regulate, limit, or suspend Chinese laborers, but allowed Chinese already in Nov 1880 to go and come out of their own free accord” 2. 1870- huge unemployment levels 3. Immigrants come in, huge immigrant backlash k. 1860s-70s- Henry George wrote for the NY Tribune..talks about “Yellow Peril” and
Image of page 11
Image of page 12
  • Fall '12
  • Koulish
  • Immigration to the United States, United States Congress, United States nationality law, History of immigration to the United States, United States federal immigration and nationality legislation

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern