19세기 미국 연방대법원과 이민관할권의 변화

• 영문명: U.S. Supreme Court and the Changes in Jurisdiction over Immigration during the 19th Century
• 발행기관: 한국세계문화사학회
• 저자명: 김용태(Yong-Tae Kim)
• 간행물 정보: 『세계역사와 문화연구』제23집, 23~54쪽, 전체 32쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

This study is to explore the changes in jurisdiction over immigration in the United States during th 19th century, focusing on the Supreme Court’s decisions and their impact on jurisdiction disputes between state and federal government. From the establishment of the U.S. through to the 1860s, many states restricted immigration of categories including criminals, paupers and the mentally and physically disabled persons suffering from contagious diseases, people of color. State authorities controlled these classes of ‘undesirable’ persons by means of passenger acts, head tax, bond and commutation fees, health fees, quarantine laws, deportation, diplomatic protests, etc. Generally speaking, the antebellum control power over personal movement or resident change belonged to the police power of the states, which meant that the right of state government was superior to the authority of federal government in terms of immigration. Moreover, some state regulations recognized the explicit endorsement of the federal government. In fact, immigration law prior to 1876 was a complex hybrid of state and federal policy. The failure to enact and execute uniform immigration policies at the national level resulted in the result of a combination of forces - not only national demand for immigration and pro-immigration sentiment, but also a desire to keep migration policy within the state’s authority. The Civil War helped resolve the ambiguous jurisdiction disputes between state’s rights and federal power in establishing immigration policy. Once slavery problem could no longer annoy the nation, it became possible that nationally integrated and consistent immigration regulation would be able to establish on a full scale. Ultimately, a series of Supreme Court cases solved jurisdiction disputes. These cases circumscribed the strategy, tactics, and behavior of both sides in the controversy related to immigration. The pre-Civil War Supreme Court maintained a strained relationship between ‘state police power’ and ‘federal commercial power’ related to immigration jurisdiction. After the Civil War, however, the judgments of the Supreme Court tended to support the exclusive authority of the federal government over immigration jurisdiction. In particular, two cases that the Supreme Court had decided on in 1876 confirmed the doctrine that regulation of immigration would belong to the exclusive authority of the federal government. These precedents became decisive turning points in establishing U.S. immigration policy. Accordingly, the federal government has come to operate immigration policy. At the turn of the twentieth century the federal government comprehensively systematized immigration policies at the national level, which they shpould achieve through large-scale expansion of administrative power. Moreover, in order to deal with the increasing immigration population, the federal government has expanded the regulation categories.

목차

Ⅰ. 머리말

Ⅱ. 남북전쟁 이전 이민관할권 분쟁과 연방대법원의 판결

Ⅲ. 남북전쟁 이후 이민관할권 분쟁 해소와 연방 이민정책의 중앙집권화

Ⅳ. 맺음말

키워드

jurisdiction Disputes over Immigration 이민관할권 분쟁 State Police Power 주 경찰권 Federal Commercial Power 연방 통상권 Supreme Court 대법원 Immigration Regulation 이민 규제