Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law

By Lucy E. Salyer | Go to book overview

CHAPTER 3
Captives of Law JUDICIAL ENFORCEMENT OF THE CHINESE EXCLUSION LAWS

The Chinese, complained one legislator in 1893, "are always litigating."1 If the collector denied them entry, Chinese did not necessarily accept his decision as their final fate. Chinese in the United States had quickly come to understand the value of what American political scientists today call "forum-shopping." They knew from their collective experience in fighting discriminatory state legislation that litigation in the federal courts provided a powerful weapon to combat the forces that opposed their entry. Consequently, they turned to the federal courts to challenge the exclusion laws and their enforcement by the collector.

The federal district court at San Francisco approached the Chinese cases with divided loyalties. On the one hand, the judges, sharing their contemporaries' negative, stereotypical view of the Chinese, openly supported the exclusion policy and thus allowed certain procedures that made it more difficult for Chinese to prove their claims. On the other hand, the judges were, in a sense, captured by law. When judges took the bench, they entered an institution that had particular procedural rules and practices rooted in Anglo-American common law tradition. Two practices of the court, respect for the doctrine of habeas corpus and the application of judicial evidentiary standards, were especially important to the success of the Chinese. Because of certain institutional norms -- treating cases individually and applying general principles in decision making -- the judges felt obligated to extend those practices to both Chinese and non-Chinese litigants. Thus in the

-69-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 338

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.