1952 Xiyifuxi v. California, Immigration and Naturalization
USINFO | 2013-10-24 13:36

 

Xiyifuxi v. California
One can not become naturalized American citizens the Japanese XiyifuxiSeiFujii, California district court's decision on appeal, because his property under California's "Alien Land Law" and was confiscated, he advocated "Alien Land Law" has been repealed by the UN Charter, it does violate the Fourteenth Amendment.

California Supreme Court said: "The UN Charter itself does not belong to a treaty is self-executing, and therefore can not go beyond the state legislature, but the" Alien Land Law "does violate the Fourteenth Amendment guarantees of procedural justice and equal rights protection .

The Act whether the alien became a U.S. citizen in its classified, there is a problem, and its classification based on race and nationality, incompatible with the legitimate interests of the government. "

The present case the question is when California law in conflict with the UN Charter, the UN Charter and whether the treaty between nations beyond the local laws ? Supreme Court's reasoning: the treaty does not automatically transcend local law, unless it is in Literally belongs effect automatically. Whether the treaty takes effect automatically, depends on whether the intent was signatory countries expressed in the treaty text. Treaty text must be very clear, do not need additional legislation, to run. Supreme Court held that the Charter Article, Article 55 and Article 156 of the purpose is to enhance the signatories to respect for human rights and freedoms, regardless of race, sex, language or religion.

The Supreme Court that the State should have their own legislation in order to achieve the purpose of the Charter, but the text on the Charter does not explicitly point out that this is to become law, but look for the courts to implement.

Justice Season Sen( Justice Gibson ) For example : if a treaty can take effect automatically Clark V. Allen, 331 U.S. 503, 507-508 , the treaty specifically says: "These people have to sell the property within three years, raised money, do not need discriminatory pay any taxes. "This clarification is self-executing treaty treaty.

Immigration and Naturalization Act
Act, also known as Walter - McAllen Immigration and Naturalization Act ( McCarran-Walter Act) , which replaced the 1924 years of Chinese Exclusion Act, the abolition of the Chinese and other ethnic immigration restrictions, but reserves the countries and territories quota system, which eventually established for Caucasians and certain skilled workers policy priorities. As a U.S. citizen family members of immigrants, are not subject to quota restrictions. Average annual number of immigrants should not exceed 270,000 people.

According to this law, the U.S. Government has rejected communist country famous people and dissidents immigrants, regardless of whether he was a Communist. Law to 1965 was replaced by the new immigration laws.

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