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The John Batchelor Show

SCOTUS: CHINESE EXCLUSION ACT 1882. RICHARD EPSTEIN, CIVITAS.

The John Batchelor Show

John Batchelor

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4.52.8K Ratings

🗓️ 31 May 2025

⏱️ 7 minutes

🧾️ Download transcript

Summary

SCOTUS: CHINESE EXCLUSION ACT 1882.  RICHARD EPSTEIN, CIVITAS.
1920 DC

Transcript

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0:00.0

I'm John Baxter with my colleague, Professor Richard Epstein, of Civitas Institute.

0:10.2

The Chinese Exclusion Act of 1882, Wikipedia, a United States federal law signed by President

0:16.8

Chester Arthur, May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years.

0:24.2

The law made exceptions for travelers and diplomats.

0:28.4

And then I go to the irony sweepstakes, NBC reporting.

0:33.9

After Secretary of State Rubio seeks to revoke the visas of Chinese nationals in America,

0:41.2

Chinese students say U.S. resembles the country they left. This is NBC.

0:46.6

Quote, in China, the government can control education, high schools, colleges, universities.

0:51.7

We thought that the USA could be different, one student said.

0:56.2

Professor, it appears that the State Department lost its history book about 1882. Please help us

1:03.3

understand the Chinese Exclusion Act and its fate. Well, the Chinese Exclusion Act is one of the

1:09.7

great disgraces of American legal history.

1:12.6

The entire naturalization statutes were marred with great deals of racism.

1:17.5

The original 1790 acts that only white free people could apply.

1:21.8

That was removed in 1870, so as to allow persons of African assent to apply for citizenship.

1:27.9

The Chinese ban remained in place, on the books until 1943.

1:32.7

And it was basically the argument is you have to contain the yellow peril, and that means

1:37.0

you have to keep all these people out.

1:39.6

The decision is under a complete intellectual mess, including Wang Kim Ork. But for these purposes,

1:47.4

the thing to understand is that the animus was ultimately quite crazy and inexcusable. When we're

1:53.5

coming up today with respect to China, I don't know what delusion affects Mr. Rubio. I don't

1:59.6

think he's insane like the president did.

...

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