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65 Cards in this Set

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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

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

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

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"

In re Knight (1909)

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

In re Gee Hop (1895)

Result: Chinese are not white


Rationale: legal precedent, congressional intent


Relevance: answered the "Mongolian question"

In re Najour (1909)

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

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

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

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

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

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

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

In re Kanaka (1899)

Result: Hawaiians are not white


Rationale: scientific evidence


Relevance: Hawaiians are Malaysian so not eligible for citizenship

In re Burton (1900)

Result: Native Americans are not white


Rationale: no explanation


Relevance: Native Americans couldn't get their citizenship

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

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

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

US v. Dolla (1910)

Result: Asian Indians are white


Rationale: ocular inspection of skin


Relevance: used to justify later decisions based on skin color

In re Ellis (1910)



Result: Syrians are white


Rationale: common knowledge, congressional intent



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

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

In re Mudarri (1910)

Result: Syrians are white


Rationale: scientific evidence, legal precedent



In re Alverto (1912)

Result: Persons 3/4 Filipino and 1/4 white are not white


Rationale: legal precedent, congressional intent



In re Young (1912)

Result: Persons half German and half Japanese are not white


Rationale: legal precedent



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"

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

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

In re Lampitoe (1916)

Facts:


Result: Person 3/4 Filipino and 1/4 white are not white


Rationale: legal precedent


Relevance:

In re Rallos (1917)

Facts:


Result: Filipinos are not white


Rationale: legal precedent


Relevance:

In re Mallari (1916)

Facts:


Result: Filipinos are not white


Rationale: no explanation


Relevance:

In re Sadar Bhagwab (1917)

Facts:


Result: Asian Indians aren't white


Rationale: common knowledge, congressional intent


Relevance:

In re Mohan Singh (1919)

Facts:


Result: Asian Indians are white


Rationale: scientific evidence, legal precedent


Relevance:

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)

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

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

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

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

Common knowledge

Justification of assignment of race by reference to common beliefs about race

Scientific evidence

Justified racial divisions by reference to the naturalistic studies of humankind

Indian Citizenship Act of 1924

Granted citizenship rights to Native Americans


Left Chinese Americans as the only group without citizenship rights

Chinese Exclusion Act of 1882

Excluded Chinese laborers from entering the country for 10 years


Created illegal immigrants

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

Bracero program

Response to labor shortage during the war, encourage migration of Central Valley farm workers

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

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

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

Innumeracy

people overstate size of immigrant population


affects policy preference

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

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

Naturalization Act of 1870

Created controls for the naturalization process like ancestry checks, birth certificates, intimidation, etc.


Stricter regulations regarding naturalization

Nationality Act of 1940

Defined those persons who were eligible for citizenship through birth or naturalization


First attempt to codify nationality and naturalization

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

Doctrine of Discovery

legal rights over people you "discover"


justified colonialism

dog whistle politics

political messaging that has one meaning to the general population but has a different meaning to a targeted subgroup

structural racism

racism is woven into society's fabric


more radical because requires a complete change of social structures

hate

outright acts of bigotry by malicious individuals


this definition makes is seem like racism is gone

implicit bias

automatic beliefs about race that we form before our conscious mind can control them



coded messages

message communicated through phrases commonly understood by a particular group of people but not others

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

episodic framing

TV news reported in the form of specific events or particular cases


Bad because portrays recurring issues as unrelated events

thematic framing

places political issues and events in some general context

dispositional attribution

Individual behavior is a result of internal characteristics, beliefs, attitude, etc

situational attribution

assumption that a person's behavior is influenced by external influences from the environment or culture

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