Symposium: Could this be the end of plenary power? – SCOTUSblog

plenary-power doctrine was born in 1889, in Chae Chan Ping v. United States, usually referred to as the Chinese Exclusion Case. The case involved a law remarkably similar to the first executive order in the current travel-ban litigation. That executive order denied admission into the United States to all nationals of seven majority-Muslim countries, including even long-term U.S. immigrants who had left the country under a legal regime that allowed them to return easily. Similarly, the Scott Act challenged in the Chinese Exclusion Case ramped up the discrimination of the Chinese Exclusion Act by disallowing not just new Chinese immigration but return to the United States of prior immigrants who had left with a promise that they would be readmitted.


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