Chae Chan Ping v. United States
1889 U.S. LEXIS 1778, 130 U.S. 581, 32 L. Ed. 1068 (1889)
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Rule of Law:
The power of Congress to exclude aliens is an inherent aspect of national sovereignty that cannot be surrendered or restrained by a treaty. If a federal statute and a treaty provision conflict, the one enacted later in time is controlling as the most recent expression of sovereign will.
Facts:
- Chae Chan Ping, a subject of the Emperor of China, was a laborer who had resided in San Francisco, California for twelve years.
- In June 1887, he departed the United States for a visit to China.
- Before his departure, he obtained a certificate from the collector of customs under the Chinese Exclusion Act of 1882 (as amended in 1884), which entitled him to re-enter the United States.
- While Chae Chan Ping was in China, on October 1, 1888, Congress passed an act (the Scott Act) that prohibited Chinese laborers from returning and declared all previously issued re-entry certificates to be void.
- On September 7, 1888, Chae Chan Ping departed from Hong Kong to return to the United States.
- Upon his arrival at the port of San Francisco on October 8, 1888, he presented his valid re-entry certificate to the customs collector.
- The collector refused to allow him to land, citing the Scott Act of 1888, and detained him on the vessel.
- The earlier treaties of 1868 and 1880 between the U.S. and China had guaranteed Chinese laborers already in the U.S. the right to freely come and go.
Procedural Posture:
- Chae Chan Ping filed a petition for a writ of habeas corpus in the Circuit Court of the United States for the Northern District of California, alleging his detention was unlawful.
- The Circuit Court found that Chae Chan Ping's detention was lawful and ordered him remanded to the custody of the ship's master to be removed from the country.
- Chae Chan Ping, the appellant, then appealed the Circuit Court's order to the Supreme Court of the United States.
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Issue:
Does an act of Congress that prohibits the re-entry of foreign nationals, thereby contravening the terms of a prior treaty, exceed the constitutional power of Congress and violate rights vested under that treaty and prior statutes?
Opinions:
Majority - Mr. Justice Field
No. An act of Congress that prohibits the re-entry of foreign nationals does not exceed congressional power, even if it contravenes a prior treaty, because the power to exclude foreigners is an incident of national sovereignty. The Court reasoned that both treaties and federal statutes are the supreme law of the land, with neither holding inherent superiority over the other. Consequently, when a treaty and a statute conflict, the one enacted later in time—the last expression of the sovereign will—must control. The power to exclude aliens is a fundamental aspect of a nation's independence and cannot be surrendered or limited by treaty. The Court further held that the question of whether the government is justified in disregarding a treaty is a political question for the legislative and executive branches, not a judicial one. The re-entry certificate did not grant Chae Chan Ping a vested property right, but rather a revocable license, which Congress had the power to withdraw at any time.
Analysis:
This case is foundational in U.S. immigration law, establishing the 'last-in-time' rule, which dictates that a later federal statute will override a conflicting earlier treaty for domestic legal purposes. It also cemented the plenary power doctrine, which holds that the political branches of government (Congress and the Executive) have nearly absolute authority over immigration matters. This doctrine treats the power to admit and exclude non-citizens as an inherent aspect of national sovereignty, largely shielding immigration decisions from judicial review and creating a separate and less rights-protective legal framework for non-citizens.
