HW#____________
Not All Caucasians Are White: The Supreme Court Rejects Citizenship for Asian Indians
Background: By the 1920’s, the US Congress passed laws ending immigration from most parts of the world, including Asia. But what about the rights of immigrants from Asia in the US? Around the same time, an immigrant from India sued for his right to become a citizen of the US; the case reached the Supreme Court.
The Indian demanded citizenship based on the idea that Indians were not colored but Caucasian. In its decision in the case of U.S. v. Bhagat Singh Thind (1923), the Supreme Court ruled Asian Indians ineligible for citizenship because U.S. law allowed only free whites to become naturalized citizens. The court conceded that Indians were “Caucasians” and considered them to be of the same race as white Americans, but argued,
“the average man knows perfectly well that there are unmistakable and profound differences.” Justice
Sutherland delivered the opinion of the Court.
Task: Below is an excerpt from the U.S. v. Bhagat Singh Thind. After examining the excerpt you must answer the questions that follow and write a “quick write” reaction to the decision; include in your answer the following points:

How are Indians (from India) treated at this time?

How does the idea of “All men are created equal” connect to the decision Bhagat Singh Thind?

What will be the impact or result of this decision on the status of Indians (from India)?
______________________________________________________________________________
Document 13- U.S. v. Bhagat Singh Thind Decision
Source: http://historymatters.gmu.edu/d/5076
A. “The Circuit Court of Appeals of California asks for advice from the Supreme Court in the following questions:
1. Is a Hindu of full Indian blood, born at AmritSar, Punjab, India, a white person?
2. Does the act of February 5, 1917, forbid giving citizenship of Hindus who had lawfully entered the United
States before the law was passed?”
B. In order to understand the meaning of the law, we must not fail to keep in mind that it does not use the word “Caucasian” but the words “white persons,” and these are words of common speech and not of scientific origin. The word “Caucasian” not only was not used in the law but was probably wholly unfamiliar in
1790. The words of the law are to be interpreted in accordance with the understanding of the common man
AND NOT scientific origins
C. Congress has now excluded from entering into this country all natives of Asia, including India. This includes citizenship as well, since it is not likely that Congress would be willing to accept as citizens a class of persons whom it rejects as immigrants. Therefore, the Supreme Court does not consider an Indian as a white person and therefore not a citizen.”
Questions:
1.
What right did Bhagat Singh Thind sue for? Why did he claim he was entitled to this right?
2.
What word does the law use: Caucasian or white person? What are the difference between the words?
3.
Why wouldn’t Congress be willing to accept Indians as citizens?