University of Minnesota Law School Scholarship Repository Constitutional Commentary 2010 Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case Liav Orgad Theodore Ruthizer Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Orgad, Liav and Ruthizer, Theodore, "Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case" (2010). Constitutional Commentary. 635. https://scholarship.law.umn.edu/concomm/635 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. Article RACE, RELIGION AND NATIONALITY IN IMMIGRATION SELECTION: 120 YEARS AFTER THE CHINESE EXCLUSION CASE Liav Orgad* Theodore Ruthizer** INTRODUCTION 120 years ago, in May 1889, the U.S. Supreme Court ruled that "the power of exclusion of foreigners being an incident of sovereignty ... cannot be granted away or restrained. "1 Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that "it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien."2 Another sixty years have passed and more recently, in February 2009, the U.S. Court of Appeals for the D.C. Circuit held that "a nation-state has the inherent right to exclude or admit foreigners * Radzyner School of Law.