Branch variation in rights leadership, 1930–late twentieth century

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Chapter 7 in The U.S. Supreme Court and Racial Minorities, 2017, pp 304-370 from Edward Elgar Publishing

Abstract: Supreme Court continued its leadership on African-American rights 1930–89, with the exception of years 1947–52 and 1964–¬68, when Presidents Truman and LBJ, both of whom ascended to office via death of the President, shared a co-leadership role. On Asians the elected branches dominated policy, notoriously mistreating Japanese-Americans during World War II, but removing prohibition on Chinese citizenship in 1943, and granting Philippine independence in order to block Filipino immigration. Court checked state-level anti-Asian laws. Pushed by Presidents Truman, Eisenhower, Kennedy and Johnson, Congress deracialized immigration and naturalization policy by 1965. On Native Americans, the FDR Administration rejected Dawes-based assimilationism, honoring tribal sovereignly and tribal culture. Truman and Eisenhower backtracked, but since JFK federal policy has supported tribal autonomy. Court since 1930s has helped tribes via Just Compensation Clause but wrestles with tensions between Indian Civil Rights Act (1968) and other federal policies versus tribal sovereignty. KEY WORDS: Tribal termination Criminal due process revolution Indian Reorganization Act Korematsu v. U.S. (1944) Ex Parte Endo (1944) Desegregation

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2017
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