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65 Cards in this Set
- Front
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People v. Hall (1894) |
Facts: case appealed because argued nonwhite (Chinese) witness couldn't testify against a white person, law specified all nonwhite races accept Chinese Result: nonwhite people couldn't testify against a white person Relevance: mirrored anti-Chinese racism in CA |
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In re Ah Yup (1878) |
Facts: Chinese plaintiff argued that Chinese people were white Result: Asians (Mongolian) were ineligible for naturalization Rationale: scientific evidence, common knowledge, congressional intent Relevance: made it clear that the existing provisions only gave citizenship to whites and those of African descent, created two categories |
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Ozawa v. US (1992) |
Facts: Japanese man filed for citizenship because of his "white" skintone Result: denied citizenship because Japanese people aren't white (scientifically) Rationale: legal precedent, common knowledge, scientific evidence, congressional intent Relevance: harmful effects on Asian Americans and strengthened racist policies, made life difficult for Asians |
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US v. Bhagat Singh Thind (1923) |
Facts: Thind filed for naturalization under Naturalization Act of 1906 Result: high-caste Indians intermarried too freely so they were no longer classified as white Rationale: common sense, congressional intent Relevance: denied new applicants and retroactive revocation, had to meet definition of popular term "white" |
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In re Knight (1909)
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Facts: persons half white, one-quarter Japanese and one-quarter Chinese are not white Result: a biracial person is not either race they are a "half-breed" Rationale: legal precedent Relevance: set precedence for "half-breed" classification |
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In re Gee Hop (1895)
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Result: Chinese are not white Rationale: legal precedent, congressional intent Relevance: answered the "Mongolian question" |
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In re Najour (1909)
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Facts: Syrian man filed for citizenship based on skin color Result: Syrians are white Rationale: scientific evidence Relevance: first case where a person contested his citizenship appeal successfully proving he was white |
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In re Rodriguez (1897) |
Facts: Rodriguez appealed citizenship denial referring to the vague language of the Treaty of Guadalupe Hidalgo Result: Mexicans were "white" Rationale: legal precedent Relevance: reinforced the Treaty of Guadalupe Hidalgo that gave former Mexican citizens US citizenship |
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In re Po (1894) |
Facts: Po filed for citizenship, Result: Burmese are not white Rationale: common knowledge, legal precedent Relevance: used many former cases (in re Ah Yup, in re Camille) to justify decision |
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In re Hong Yen Chang (1890) |
Facts: Hong Yen Chang submitted license to practice law and naturalization, but denied because of Chinese Exclusion Act Result: Chinese are not white Rationale: legal precedent Relevance: upheld the Chinese Exclusion Act, denied admission to the CA bar even though qualified in every other way |
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In re Saito (1894) |
Facts: Saito applied to citizenship Result: Japanese are not white Rationale: congressional intent, common knowledge, scientific evidence, legal precedent Relevance: Japanese are ineligible for naturalization because they are "Mongolians", pointed to Asians outside the West Coast |
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Ex Parte Shahid (1913) |
Result: Syrians are not white Rationale: common knowledge Relevance: defines free white people as European races and their descendants (naturalization act of 1790), discounts intellect and physiology |
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In re Camille (1880) |
Result: Half white and half Native American people are not white Rationale: legal precedent Relevance: rules he belongs to neither race and therefore can't become a citizen |
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In re Kanaka (1899) |
Result: Hawaiians are not white Rationale: scientific evidence Relevance: Hawaiians are Malaysian so not eligible for citizenship |
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In re Burton (1900) |
Result: Native Americans are not white Rationale: no explanation Relevance: Native Americans couldn't get their citizenship |
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In re Yamashita (1902) |
Facts: denied application to practice law Result: Japanese are not white Rationale: legal precedent Relevance: his citizenship is void and subject to attack at anytime because he's of Japanese race |
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In re Kumagai (1908) |
Facts: applied for naturalization on basis of serving in the army Result: Japanese are not white Rationale: congressional intent, legal precedent Relevance: ignores all aspects but race when considering citizenship |
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In re Balsara (1909) |
Facts: "color is white and his complexion dark" Result: Asian Indians are probably not white Rationale: congressional intent Relevance: granted citizenship because Parsees belong to the white race |
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US v. Dolla (1910) |
Result: Asian Indians are white Rationale: ocular inspection of skin Relevance: used to justify later decisions based on skin color |
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In re Ellis (1910) |
Result: Syrians are white Rationale: common knowledge, congressional intent |
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US v. Balsara (1910) |
Facts: proved he was white because he was Parsee Result: Asian Indians are white Rationale: scientific evidence, congressional intent Relevance: did not hold because of the Asian immigration ban |
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In re Halladjian (1909) |
Facts: Result: Armenians are white Rationale: scientific evidence, legal precedent Relevance: showed the subjective criterium - white is hard to define but people on the streets understand |
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In re Mudarri (1910) |
Result: Syrians are white Rationale: scientific evidence, legal precedent |
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In re Alverto (1912) |
Result: Persons 3/4 Filipino and 1/4 white are not white Rationale: legal precedent, congressional intent |
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In re Young (1912) |
Result: Persons half German and half Japanese are not white Rationale: legal precedent |
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Ex Parte Dow (1914) |
Facts: performed all necessary tasks to gain citizenship Result: Syrians aren't white Rationale: common knowledge Relevance: defined whiteness as "construction which would exclude some people generally known and termed as white" |
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In re Dow (1914) |
Facts: awareness campaign following Ex Parte Dow Result: Syrians aren't white Rationale: common knowledge, congressional intent Relevance: used common knowledge to conceptualization of race |
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Dow v. US (1915) |
Facts: Denied citizenship because Syria is not in Europe, whiteness in based off of western civilization, Israel claim Result: Syrians are white Rationale: scientific evident, congressional intent, legal precedent Relevance: Invalidated idea that whiteness is European, North Africans are white |
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In re Lampitoe (1916) |
Facts: Result: Person 3/4 Filipino and 1/4 white are not white Rationale: legal precedent Relevance: |
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In re Rallos (1917) |
Facts: Result: Filipinos are not white Rationale: legal precedent Relevance: |
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In re Mallari (1916) |
Facts: Result: Filipinos are not white Rationale: no explanation Relevance: |
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In re Sadar Bhagwab (1917) |
Facts: Result: Asian Indians aren't white Rationale: common knowledge, congressional intent Relevance: |
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In re Mohan Singh (1919) |
Facts: Result: Asian Indians are white Rationale: scientific evidence, legal precedent Relevance: |
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Petition of Easurk Emsen Charr (1921) |
Facts: Korean man tried to become citizen Result: Koreans are not white Rationale: common knowledge, legal precedent Relevance: called into question what takes precedence in regards to citizenship decisions (race, nationality, veteranship) |
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Elk v. Wilkins (1884) |
Facts: denied voter registration Result: Elk wasn't a citizen because he owed allegiance to his tribe and not the US Rationale: common sense Relevance: this meant that US citizens were completely subject to US's political jurisdiction and owe it allegience |
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US v. Wong Kim Ark (1898) |
Facts: US born man denied re entry to US under Chinese Exclusion Acts Result: children automatically became citizens at birth Rationale: legal precedent (14th amendment) Relevance: gov couldn't deny citizenship to anyone born in the US |
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Obergefell v. Hodges (2015) |
Facts: sued states over ban on same-sex marriage Result: guarantee fundamental rights to same-sex couples Rationale: legal precedent (Due Process Clause, Equal Protection Clause) Relevance: huge reaction by public, step forward for LGBTQIA community |
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Lemon Grove case (1930) |
Facts: school board attempted to build a separate school for children of Mexican origin Result: ruled a violation of CA state laws because ethnic Mexicans were considered white under the state's education code Rationale: legal precedent Relevance: first victory over segregation, Mexican immigrant parents effectively utilized the US legal system to protect children |
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Common knowledge |
Justification of assignment of race by reference to common beliefs about race |
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Scientific evidence |
Justified racial divisions by reference to the naturalistic studies of humankind |
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Indian Citizenship Act of 1924 |
Granted citizenship rights to Native Americans Left Chinese Americans as the only group without citizenship rights |
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Chinese Exclusion Act of 1882 |
Excluded Chinese laborers from entering the country for 10 years Created illegal immigrants |
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Immigration Act of 1924 |
Limited number of immigration through national origins quota (2% based on 1890 census) Completely excluded immigrants First attempt to restrict immigration |
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Bracero program |
Response to labor shortage during the war, encourage migration of Central Valley farm workers |
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Immigration and Nationality Act of 1965 |
Abolished national-origin quota system from 1924, lifted Asian exclusion Granted residency based on skill or family reunification Created undocumented immigrant problem because of per-country limits Increased Asian migration |
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Dawes Act of 1887 |
Allowed US gov to survey and divide Native American land to grant to individual Native Americans Forced assimilation to white America, allows US takeover of NA lands |
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Strategic racism |
purposeful efforts to use racial animus as leverage to gain material wealth, political power or heightened social standing not driven by race, driven by pursuit of power, money, or status |
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Innumeracy |
people overstate size of immigrant population affects policy preference |
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Naturalization Act of 1790 |
Limited naturalization to "free white persons" of good moral character First in a series of acts passed that prevented certain races from becoming citizens |
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Nationality Act of 1870 |
Extended citizenship to people from Africa and people descended from Africans Although black men could technically become citizens, Jim Crowe laws made it difficult |
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Naturalization Act of 1870 |
Created controls for the naturalization process like ancestry checks, birth certificates, intimidation, etc. Stricter regulations regarding naturalization |
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Nationality Act of 1940 |
Defined those persons who were eligible for citizenship through birth or naturalization First attempt to codify nationality and naturalization |
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Indian Civil Rights Act of 1968 |
Makes many of the guarantees of the Bill of Rights applicable within the tribes BEFORE Not covered by 5th amendment but subjected to power of Congress and the Constitution Exempt from many constitutional protections |
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Doctrine of Discovery |
legal rights over people you "discover" justified colonialism |
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dog whistle politics |
political messaging that has one meaning to the general population but has a different meaning to a targeted subgroup |
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structural racism |
racism is woven into society's fabric more radical because requires a complete change of social structures |
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hate |
outright acts of bigotry by malicious individuals this definition makes is seem like racism is gone |
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implicit bias |
automatic beliefs about race that we form before our conscious mind can control them |
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coded messages |
message communicated through phrases commonly understood by a particular group of people but not others |
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dehumanization |
most commonly African Americans to animals one you accept narrative: support punitive policies, think suffering is not that big of deal, believe groups deserve their fate |
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episodic framing |
TV news reported in the form of specific events or particular cases Bad because portrays recurring issues as unrelated events |
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thematic framing |
places political issues and events in some general context |
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dispositional attribution |
Individual behavior is a result of internal characteristics, beliefs, attitude, etc |
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situational attribution |
assumption that a person's behavior is influenced by external influences from the environment or culture |
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Punch, parry, kick |
Punch: inject racialized content in a way that is not overtly racist Parry: "it's not racist" Kick: turn charges of racism against the target |
