Constitutional Background of the Recent Japanese Anti-Alien Land Bill Controversy

Authors

Harriette M. Dilla, Painesville, Ohio

Abstract

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over all international matters. Two spheres of exclusive jurisdiction overlap and the question arises: which power should predominate in such a crisis? In recognition of the recent situation it may be of some interest to review briefly the outcome of past differences relative to the same problem. Some of these cases came before the courts for adjudication, while others were disposed of by methods which may be termed domestic diplomacy.

Recommended Citation

Harriette M. Dilla, Constitutional Background of the Recent Japanese Anti-Alien Land Bill Controversy, 12 Mich. L. Rev. 573 (1914).
Available at: https://repository.law.umich.edu/mlr/vol12/iss7/3