Marginalizing the Self: A Study of Citizenship,Color, and Ethnoracial Identity in American Society

From 1870 to 1952, naturalization legislation in the United States of America restricted citizenship to “free white persons” and “persons of African nativity” or “African descent.” Individuals categorized as “members of the Mongolian race” or as of neither “free white” nor “African descent or nativity” were excluded from membership in the American political community and designated “aliens ineligible for citizenship in the United States.” Examination of the appellate and Supreme Court adjudications of these matters reveals a juridical rhetoric that functioned to marginalize all those declared ineligible for civic status. Although the reasoning process employed by the courts was not dissimilar from that arising whenever individual disparate aggregates must be classified according to a limited set of categories, in the situations under study, it produced and legitimated an invidious hierarchy of peoples, a race-prejudicial sense of vertical group position, and a fundamental departure from the universalistic and individualistic claims that defended America as a thoroughgoing civil society.