Takahashi v. Fish and Game Commission 334 U.S. 410 (1948)

views updated

TAKAHASHI v. FISH AND GAME COMMISSION 334 U.S. 410 (1948)

Under California law, aliens ineligible for citizenship(mainly Asians) could not hold commercial fishing licenses. Citing the broad power of Congress to regulate aliens, the Supreme Court held, 7–2, that the preemption doctrine barred the law. The civil rights act of 1866 was taken to protect the rights of aliens to pursue their livelihoods under nondiscriminatory state laws. The opinion also conveyed overtones of fourteenth amendment reasoning.

Kenneth L. Karst
(1986)