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From Chinese Exclusion to Guantanamo Bay
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Expansion of executive power has ignited national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? In this study of the use of plenary power?the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection?Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts since the 1880s. Saito provides context for understanding problems resulting from exercise of plenary power and its sanction by Congress and the judiciary, arguing that such actions have undermined individual rights and the foundation of our national security?democracy and the rule of law. This book will interest readers concerned with the history of constitutional protection and provides fascinating material for scholars, teachers, and students of law, history, and ethnic studies.
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Table of Contents

Contents; Acknowledgments; 1. Introduction: Inter Armas Silent Leges; 2. An Authority Unchallengeable and Complete: Plenary Power Over Immigrants, American Indians, and External U.S. Colonies; 3. Silencing the Constitution: The Japanese American Internment and Redress; 4. Military Necessity? The World War II Internment of Japanese Latin Americans; 5. History Repeats Itself: The Racing of Arab Americans as the Enemy; 6. Force Trumps Law after September 11: Disappearances, Detentions, and Deportations; 7. The War on Terror: Who'or What'Is Being Protected?; Notes; Index;

About the Author

Natsu Taylor Saito is an attorney and a professor at Georgia State University's College of Law in Atlanta.

Reviews

"Consistent with US legal scholarship, Saito provides copious citations for her assertions and statements of fact. Her meticulous research and synthesis of primary and secondary sources is commendable, particularly in the service of a challenge to accepted historical interpretations and an analysis that leads to disquieting but urgent conclusions. Readers seeking a thorough, historically grounded analysis of US actions (and court inaction) in the war on terror, and a passionate defense of the rule of law will find Saito's book rewarding." --Ann M. Lucas, The International History Review ..".[O]bserves that people of color are disproportionately affected by repressive actions to preserve America's 'freedom' and 'way of life.' The author advocates respect for rights recognized in the Constitution and in international law that the U.S. has chosen to disregard on the grounds of supposed peril....Saito provides an extensive, well-documented compendium of wrongs perpetrated against outsiders and domestic outcasts in the name of societal safety and well-being."--Jeffery A. Smith, University of Wisconsin-Milwaukee; Journal of American Ethnic History "From Chinese Exclusion to Guantanamo Bay is a critical and timely intervention in the study of the wholesale failure of the U.S. government to comply with the rule of law in the modern 'war on terror.' Professor Saito thoroughly demonstrates how the history of lawless treatment of immigrants and domestic minorities, including the internment of people of Japanese ancestry during World War II, created the foundations for the lawlessness that pervades the recent treatment of Arabs and Musliims in the United States, Afghanistan, Iraq (including Abu Ghraib), and Guantanamo Bay, Cuba."--Kevin R. Johnson, University of California, Davis ""From Chinese Exclusion to Guantanamo Bay" is a critical and timely intervention in the study of the wholesale failure of the U.S. government to comply with the rule of law in the modern 'war on terror.' Professor Saito thoroughly demonstrates how the history of lawless treatment of immigrants and domestic minorities, including the internment of people of Japanese ancestry during World War II, created the foundations for the lawlessness that pervades the recent treatment of Arabs and Musliims in the United States, Afghanistan, Iraq (including Abu Ghraib), and Guantanamo Bay, Cuba." Kevin R. Johnson, University of California, Davis" ."..[O]bserves that people of color are disproportionately affected by repressive actions to preserve America's 'freedom' and 'way of life.' The author advocates respect for rights recognized in the Constitution and in international law that the U.S. has chosen to disregard on the grounds of supposed peril....Saito provides an extensive, well-documented compendium of wrongs perpetrated against outsiders and domestic outcasts in the name of societal safety and well-being."--Jeffery A. Smith, University of Wisconsin-Milwaukee; "Journal of American Ethnic History"

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