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Supreme Court — Part 9
Page 40
40 / 108
* P
ag | 11/27/23, Page 14.
| GENERAL JAPANESE SITUATION. =
_— eee eee
them, along with other Orientale, from Americam citizenship. So long &
other aliens are given the right to own land in this country they have
held that their treaty rights, which guaramee them treatment as favor-
able @e thet of the most favored foreign nation, should operate to grarz
them that right also. Were this contention upheld, they claim that th
treaty between the powers ig the highest form of law and that it takes
precedence ovar acte of Congress or of the state legislature, This vie
in geners] seeme to be sound. It is undoubtedly correct that a state
eannct enforce a law that will violate the provisions of an interns-
tional treaty, Should this be possible it would nullify the treaty-
making power of the United States,
The Constitution is the highest law of the land. If it con-
. . |
tained @ provision ruling out alien ownership of land then it would nof
be competent for the President and the Senate to exter into any treaty.
which would violate that provision, But the Constitution sont aines |
no such olanse. The states way legislate as they see fit on the land |
question ao long as their enactments do not contravene any Righer au- |
thority, Phe Supreme Court holds that it is a legitimate exeroiee of
the police power of the state to declara non-declarants for oitizenshi;
ineligibie to own land, &uch a discrimination is declared not to con |
stitute a violation of eny treaty between the United States and seven
fhe Zapanese prohibit the Americans, as well as other foreign-
ers, from owning land in Japan, but this they hold is not discrimins- |
tory, ae it appliea equally to all foreigners, Japan has objected to!
8 lew whioh withholds from her nationale rights which are allowed to
rr a
T—11oe
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