AAS 347 notes 4:8:2024

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Based on what they just said one month after the Ozawa case was that they had to say Thind was white as Thind is Caucasian. Ozawa argued he was white because: (1) He had assimilated. In rejecting him, The Court was saying, in essence, “We are simply not going to be able to look past your race. No matter how hard you try, you will always remain apart.” (2) His skin color was white. The relationship between race and skin color: how might the issue suggest that race may be simply a social construction? The same problems that appear with skin color show up with every physical measurement you can think of. Racism =/= colorism (the preference for lighter skin) (Evelyn Nakano Glenn): Shades of difference Skin color does not correlate well with racial identity. Ozawa sought to turn skin color to his advantage, attempting to establish a White identity on the basis of his fair skin. By implication, his argument drew into question the credibility of all physical taxonomies of race, for if skin color could not be relied upon to indicate race, then perhaps no physical features could serve this purpose. This was exactly the dilemma facing the contemporary science of race. (pg 59) 1909 Najour: just because you have dark skin, that doesn’t necessarily mean that you’re not white. You can have dark skin and still be a white person. 1922 Ozawa : just because you have light skin, that doesn’t necessarily make you a white person. 1913: first set of Alen Land Laws (essentially zero impact, because of loopholes) 1920: closed the loopholes (devastated Japanese Americans)

Roldan V. Los Angeles County (mid 1930s)  Filipinos are classified as Malay, not Mongolian Without the right of naturalization, Japanese immigrants stood outside the American body politic . . . Japanese immigrants shared much in common with their European counterparts. Yet every European immigrant group, regardless of national origin, had the right of naturalization. And precisely because they possessed it, no matter how beleaguered they were, they were able to enter the political arena to fight for their rights . . . Excluded from the political process, Japanese immigrants were political pariahs who had no power of their own to exercise. This state of powerlessness is a central theme in Japanese immigrant history.21 (pg 61) Noel Ignatiev, How the Irish Became White (book ) 1878 Ah Yup (no precedent case/s) In re Ah Yup, was decided in 1878 by a federal court in California.11 It presaged the intellectual struggle and tangled reasoning that to some degree marked every subsequent prerequisite case. An excerpted version of this case appears in Appendix B. The court there in the person of Circuit Judge Sawyer described Ah Yup as “a native and citizen of the empire of China, of the Mongolian race,” framing the issue this way: “Is a person of the Mongolian race a ‘white person’ within the meaning of the statute?”12 Despite the seeming simplicity of the question, Judge Sawyer strained to provide an answer. Noting that the case constituted the first naturalization application by someone from China, he proceeded cautiously, even requesting that “members of the bar . . . make such suggestions as amici curiae as occurred to them upon either side of the question.”13 He also solicited the opinion of science, wrestling with the contemporary anthropological thought on racial classifications and quoting out of the “Ethnology” entry to the New American Cyclopedia. Not content to rely solely on the amici’s arguments and scientific evidence, Judge Sawyer in addition reviewed the legislative history of the naturalization statute, carefully searching each reenactment of the prerequisite law for some clue as to its meaning. He focused particularly on the congressional debates spurred by Senator Sumner’s opposition to racial restrictions, as these debates directly raised the question of Lopez, Ian Haney. White by Law 10th Anniversary Edition : The Legal Construction of Race, New York University Press, 2006. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/csun/detail.action?docID=3025614. Created from csun on 2023-07-14 03:40:28. Copyright © 2006. New York University Press. All rights reserved. The Prerequisite Cases | 39 Chinese naturalization. Only after considering all of these disparate sources did Judge Sawyer brave an answer. “I am,” he finally wrote, “of the opinion that a native of China, of the Mongolian race, is not a white person.”14 On this basis, the court denied Ah Yup citizenship.

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