McComb. the court declared that the Charter Is a treaty between the United States and other nations. and that the Federal Constitution provides that all treaties take precedence over state laws. The Charter. says the court. guarantees universal respect for human rights and fundamental freedoms for all without regard for race. color. or religion. and because the alien land law discriminates against Japanese concerning the ownership of land. its restrictions are untenable and Indefensible. It is shcwn in the opinion that when the statute was adopted in 1920 it was applicable to the nationals of several countries by reason of their ineligibility to citizenship but that by amendments to the Federal naturalization laws only Japanese and an insignificant number of other Asiatics are now prohibited from owning land. The opinion points out that the land law has been repeatedly held to be constitutional by the United States Supreme Court and the Supreme Court of California and that none of such decisions has ever been overruled. The court therefore states that it is not declaring the statute to be in violation of the Constitution but the decision is limited to the conflict between the statute and the United Nations Charter.
Keywords matched
naturalization Asiatics