Tired of Your Masses: A History of and Judicial Responses to Early 20th Century Anti-Immigrant Legislation

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In this study, I trace the origins and describe the history and social context of the nativism movement that burgeoned during the early part of this century. The various anti-immigrant enactments and judicial approaches developed when these laws were challenged are studied in Part II, with an eye towards understanding the ways in which judges ruling upon those challenges succeeded in diminishing their intended effects. I hope to explore, in a subsequent article, the recent legislative responses to the new wave of immigration sparked by Congressional changes to immigration policy during the 1960s. In that study, I will examine the current anti-immigrant legislation in light of the courts’ approaches at the turn of the century to determine whether they may be employed today in challenges to recent legislation.


Originally published in 1999 by The University of Hawai'i Law Review.

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