Donald Trump’s desire to prevent all Muslims from entering
the U.S. has a shameful precedent. The excerpt below captures the events that
led up to enactment of the Chinese Exclusion Act. In this case, the Supreme
Court upheld the authority of the U.S. to prevent all Chinese workers from entering the
country. If a Muslim Exclusion Act is passed into law, will the current
Supreme Court follow this precedent? That is the question posed here.
In December, 1878, the convention which framed the present
constitution of California, being in session, took this subject up, and
memorialized congress upon it, setting forth, in substance, that the presence
of Chinese laborers had a baneful effect upon the material interests of the
state, and upon public morals; that their immigration was in numbers
approaching the character of an Oriental invasion, and was a menace to our
civilization; that the discontent from this cause was not confined to any
political party, or to any class or nationality, but was well nigh universal;
that they retained the habits and customs of their own country, and in fact
constituted a Chinese settlement within the state, without any interest in our
country or its institutions; and praying congress to take measures to prevent
their further immigration. This memorial was presented to congress in February,
1879. So urgent and constant were the prayers for relief against existing and
anticipated evils, both from the public authorities of the Pacific coast and
from private individuals, that congress was impelled to act on the subject. A statute was accordingly passed
appropriating money to send commissioners to China to act with our minister
there in negotiating and concluding by treaty a settlement of such matters of
interest between the two governments as might be confided to them. The limitation or suspension shall be reasonable,
and shall apply only to Chinese who may go to the United States as laborers,
other classes not being included in the limitations. Legislation taken in
regard to Chinese laborers will be of such a character only as is necessary to
enforce the regulation....
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