scholarly journals Article II and Antidiscrimination Norms

2019 ◽  
pp. 47-115 ◽  
Author(s):  
Aziz Huq

The Supreme Court’s opinion in Trump v. Hawaii validated a prohibition on entry to the United States from several Muslim-majority countries and at the same time repudiated a longstanding precedent associated with the Japanese American internment of World War II. This Article closely analyzes the relationship of these twin rulings. It uses their dichotomous valences as a lens on the legal scope for discriminatory action by the federal executive. Parsing the various ways in which the internment of the 1940s and the 2017 exclusion order can be reconciled, the Article identifies a tension between the Court’s two holdings in Trump v. Hawaii. Contrary to the Court’s apparent assumption, the internment cannot easily be rejected if the 2017 travel ban is embraced. There is no analytically defensible and practicably tractable boundary between the two. Recognizing this disjunction and explaining why the Court’s effort to separate past from present practice cannot prevail, I argue, reveals what might be called an “Article II discretion to discriminate.” By identifying and mapping this form of executive discretion, the Article offers a critique of the Court’s recent construction of executive power in light of historical precedent and consequentialist justifications. It further illuminates downstream distributive and regulatory consequences of executive power in the context of ongoing judicial constriction of Article II discretion over regulatory choices.

2019 ◽  
Vol 35 (2) ◽  
pp. 231-254
Author(s):  
Andreu Espasa

De forma un tanto paradójica, a finales de los años treinta, las relaciones entre México y Estados Unidos sufrieron uno de los momentos de máxima tensión, para pasar, a continuación, a experimentar una notable mejoría, alcanzando el cénit en la alianza política y militar sellada durante la Segunda Guerra Mundial. El episodio catalizador de la tensión y posterior reconciliación fue, sin duda, el conflicto diplomático planteado tras la nacionalización petrolera de 1938. De entre los factores que propiciaron la solución pacífica y negociada al conflicto petrolero, el presente artículo se centra en analizar dos fenómenos del momento. En primer lugar, siguiendo un orden de relevancia, se examina el papel que tuvo la Guerra Civil Española. Aunque las posturas de ambos gobiernos ante el conflicto español fueron sustancialmente distintas, las interpretaciones y las lecciones sobre sus posibles consecuencias permitieron un mayor entendimiento entre los dos países vecinos. En segundo lugar, también se analizarán las afinidades ideológicas entre el New Deal y el cardenismo en el contexto de la crisis mundial económica y política de los años treinta, con el fin de entender su papel lubricante en las relaciones bilaterales de la época. Somewhat paradoxically, at the end of the 1930s, the relationship between Mexico and the United States experienced one of its tensest moments, after which it dramatically improved, reaching its zenith in the political and military alliance cemented during World War II. The catalyst for this tension and subsequent reconciliation was, without doubt, the diplomatic conflict that arose after the oil nationalization of 1938. Of the various factors that led to a peaceful negotiated solution to the oil conflict, this article focuses on analyzing two phenomena. Firstly—in order of importance—this article examines the role that the Spanish Civil War played. Although the positions of both governments in relation to the Spanish war were significantly different, the interpretations and lessons concerning potential consequences enabled a greater understanding between the two neighboring countries. Secondly, this article also analyzes the ideological affinities between the New Deal and Cardenismo in the context of the global economic and political crisis of the thirties, seeking to understand their role in facilitating bilateral relations during that period.


Author(s):  
Amanda L. Tyler

The experience of World War II and the precedent of the Japanese American internment dramatically altered the political and legal landscape surrounding habeas corpus and suspension. This chapter discusses Congress’s enactment of the Emergency Detention Act of 1950 along with its repeal in 1971. It further explores how in the wake of the terrorist attacks of September 11, 2001, questions over the scope of executive authority to detain prisoners in wartime arose anew. Specifically, this chapter explores the Supreme Court’s sanctioning of the concept of the “citizen-enemy combatant” in its 2004 decision in Hamdi v. Rumsfeld and evaluates Hamdi against historical precedents. Finally, the chapter explores how Hamdi established the basis for an expansion of the reach of the Suspension Clause in other respects—specifically, to the U.S. Naval Base at Guantanamo Bay, Cuba.


Author(s):  
Michihiro Ama ◽  
Michael Masatsugu

Japanese Buddhism was introduced to the United States at the Parliament of World Religions in Chicago in 1893, but the development of Japanese American Buddhism, also known as Nikkei Buddhism, really began when Japanese migrants brought Buddhism with them to Hawaii and the continental United States during the late 19th and early 20th centuries. It has been influenced by, and has reflected, America’s sociopolitical and religious climate and the US relationship to Japan, to which generations of Japanese Americans, such as Issei (literally, first generation, referring to Japanese immigrants), Nisei (second-generation American-born offspring of the Issei), and Sansei (third generation), responded differently. While adapting to American society, Japanese American Buddhists maintained their cultural practices and ethnoreligious identity. The history of Japanese American Buddhism discussed in this article spans from the late-19th Century to the 1970s and is divided into three major periods: the pre-World War II, World War II, and the postwar eras. Japanese American Buddhism is derived from the various Buddhist organizations in Japan. The Nishi Hongwanji denomination of Jōdo Shinshū, a form of Pure Land Buddhism known as Shin Buddhism in the West, is the oldest and largest form of ethnic Japanese Buddhism in the United States. In Hawaii, Nishi Hongwanji founded the Hompa Hongwanji Mission of Hawaii (HHMH) in Honolulu in 1897. On the continental United States, it established the Buddhist Mission of North America (BMNA) in San Francisco in 1898, currently known as the Buddhist Churches of America (BCA). Other Japanese Buddhist organizations also developed in the United States at the beginning of the 20th century. They include the Jōdo-shū, another sect of Pure Land Buddhism; Higashi Hongwanji, another major denomination of Jōdoshin-shū; Sōtō-shū, a Zen Buddhist school; Shingon-shū, known as Kōyasan Buddhism; and Nichiren-shū. The characteristics of Japanese American Buddhism changed significantly during World War II, when approximately 120,000 persons of Japanese descent living in the West Coast states were incarcerated because of President Franklin D. Roosevelt’s Executive Order 9066. The postwar period witnessed a rapid transformation in the status and visibility of Japanese Buddhism in the United States. This transformation was driven by the promotion of ethnonational Buddhism by Nisei and by the growth of interest in Zen Buddhism among the general American public. The positive reception of Japanese Buddhism in the United States reflected and reinforced the transformed relationship between the United States and Japan from wartime enemies to Cold War partners. While they experienced greater receptivity and interest in Buddhism from nonethnics, they could no longer practice or espouse Jōdo Shinshū teachings or adapted practices without clarification. Debates concerning the authenticity of Jōdo Shinshū Buddhism and Japanese American Buddhist practices were interwoven within a longer history of American Orientalism. By the 1960s, Japanese American Buddhist communities were transformed by the addition of a small but vocal nonethnic membership and a new generation of Sansei Buddhists. Demands for English-speaking ministers resulted in the creation, in 1967, of the Institute of Buddhist Studies, the first graduate-level training program in the United States endorsed by Nishi Hongwanji. This article is an overview of Japanese American Buddhism with a focus on the development of the Nishi Hongwanji Shin Buddhist organizations in the United States. English scholarship on the development of other Japanese Buddhist organizations in the United States is still limited. Throughout the history of Japanese American Buddhism, Nikkei Buddhists negotiated with America’s political institutions and Christian churches, as well as with Euro-American Buddhists, over Buddhist and cultural practices to maintain and redefine their ethnoreligious tradition. Buddhist temples provided the space for them to gather and build a community of shared faith and cultural heritage, discuss their place and the role of Buddhism in American society, and express their concerns to America’s general public.


2017 ◽  
Vol 11 (3) ◽  
pp. 284-312 ◽  
Author(s):  
MARTA ROBERTSON

AbstractDuring World War II, the United States government imprisoned approximately 120,000 Japanese Americans, two-thirds of whom were American-born citizens, half of whom were children. Through ethnographic interviews I explore how fragile youthful memories, trauma, and the soundscape of the War Relocation Authority (WRA) Incarceration Camps shaped the artistic trajectories of three such former “enemy alien” youth: two pianists and a koto player. Counterintuitively, Japanese traditional arts flourished in the hostile environment of dislocation through the high number ofnisei(second generation) participants, who later contributed to increasing transculturalism in American music following resettlement out of camp. Synthesizing Japanese and Euro-American classical music, white American popular music, and African American jazz, manyniseiparadoxically asserted their dual cultural commitment to both traditional Japanese and home front patriotic American principles. A performance of Earl Robinson and John Latouche's patriotic cantata,Ballad for Americans(1939), by the high school choir at Manzanar Incarceration Camp demonstrates the hybridity of these Japanese American cultural practices. Marked by Popular Front ideals,Ballad for Americansallowedniseito construct identities through a complicated mixture of ethnic pride, chauvinistic white Americanism allied with Bing Crosby's recordings of theBallad, and affiliation with black racial struggle through Paul Robeson's iconicBalladperformances.


Author(s):  
Viviana D’Auria

Sanabria is a representative figure of the second generation of 20th-century Venezuelan architects. He studied in the United States of America after World War II and had a rigorous functionalist orientation, paying attention to natural conditions, environmental features, the relationship between architecture and geography, the influence of architecture in civic culture, structural and technological expressiveness, and the links between architecture, art, and the urban scale. After graduating as an engineer (1941–1945) from the Universidad Central de Venezuela (UCV), he embraced a functionalist approach during his studies (1945–1947) at the Harvard Graduate School of Design in Cambridge, Massachusetts. At Harvard Walter Gropius, Martin Wagner, Ieoh Ming Pei, Hugh Stubbins, and Marcel Breuer were among his professors. He returned to Venezuela in 1947 and worked as professor of Architecture for Engineers at the UCV’s School of Engineering. By 1948 he was director of the Department of Architectural Composition at the School of Architecture in the Faculty of Engineering. In 1954 he became the first director of the School of Architecture in the Faculty of Architecture and Urbanism, founded that year.


2009 ◽  
Vol 39 (3) ◽  
pp. 269-299 ◽  
Author(s):  
William Dejong-Lambert

This article describes the relationship between Polish geneticist Stanisław Skowron's views on eugenics during the interwar period, his experiences in Nazi concentration camps during World War II, and his response to Trofim D. Lysenko's ban on genetic research in Soviet-allied states after 1948. Skowron was educated at the Jagiellonian University in Krakow and received funding from the Rockefeller Foundation to study in the United States, Italy, Denmark, and Great Britain from 1924 to 1926. His exposure to research being conducted outside of Poland made him an important figure in Polish genetics. During this time Skowron also began to believe that an understanding of biological principles of heredity could play an important role in improving Polish society and became a supporter of eugenics. In 1939 he was arrested along with other faculty members at the Jagiellonian and sent to Sachsenhausen and Dachau. In 1947 he published the first book updating Polish biologists on recent developments in genetics; however, after learning of the outcome of the 1948 session of the Lenin All-Union Academy of Agricultural Sciences in Moscow, Skowron emerged as one of the most vocal advocates for Michurinism. I argue that Skowron's conversion to Lysenkoism was motivated by more than fear or opportunism, and is better understood as the product of his need to rationalize his own support for a theory he could not possibly have believed was correct.


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