アメリカ移民法における自己保存原理の起源 : Chae Chan Ping v. United States判決の再検討

概要

論文の詳細を見る
In the United States American constitutional law has pursued intertwined themes of congressional plenary power and the meaning of national membership for more than a century. The plenary power doctrines were initially propounded by the Supreme Court as the nation faced the overseas "other" at U.S. borders, and on Indian reservations. This article is aimed at finding the possibility of restricting such a plenary power over immigration cases, analyzing the famous Chinese exclusion case, Chae Chan Ping v. United States, 130 U.S. 581 (1889), which is said to be the origin of congressional plenary power. Here we discuss the domestic validity of the pertinent treaties, the state sovereign power, the yellow hordes theory of exclusion, and the genesis of the self-preservation theory in the U.S immigration laws.
長崎外国語大学の論文
2006-11-20