BILL ANALYSIS
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THIRD READING
Bill No: ACR 42
Author: Fong (D) and DeLeon (D), et al
Amended: 7/6/09 in Assembly
Vote: 21
WITHOUT REFERENCE TO COMMITTEE OR FILE
ASSEMBLY FLOOR : Read and adopted, 7/6/09
SUBJECT : Chinese Americans in California
SOURCE : Author
DIGEST : This resolution acknowledges the history of the
Chinese in California, recognizes the contributions made to
the State of California by Chinese Americans and Chinese
immigrants, and expresses regret for past discriminatory
laws and constitutional provisions which resulted in the
persecution of Chinese living in California.
ANALYSIS :
This resolution:
1.Describes the contributions of the Chinese immigrants
who, despite being paid less than their white
counterparts for the same labor, worked under grueling
conditions to build thousands of miles of the
transcontinental railroad in the mid-1900s, thereby
connecting California to the rest of the country and
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furthering its progress and development.
2.Describes the contributions of Chinese in California,
after the completion of the railroad, to the development
of agricultural and fishing industries in California.
3.States that the Legislature enacted discriminatory laws
targeting Chinese persons that sought to discourage
further immigration from China and to severely limit the
success of Chinese laborers already present in this
state, including laws that denies Chinese in California
the right to own land or property, the right to vote, the
right to intermarry with whites, and the right to work in
the public sector, and the right to testify in court in
any action where a white person was a party, among other
things.
4.States that the Chinese in California faced further
discrimination under local ordinances which targeted
their traditional culture and customs.
5.States California's role in convincing Congress to enact
the Chinese Exclusion Act of 1882, the first federal law
ever passed excluding a group of immigrants solely on the
basis of race or nationality, which remained in effect
until its repeal in 1943.
6.States that in1897, California adopted Article XIC of the
state Constitution, which unfairly targeted and
discriminated against Chinese living in California and
remained in effect until its repeal in 1952.
This resolution states:
1.Diversity is one of our state's greatest strengths,
enabling California to thrive economically,
agriculturally, technologically, academically, and
politically at an international level. Our great state
has relied on immigrants of all backgrounds to build our
infrastructure, and integrating them into our society not
only helps them prosper, but helps California prosper as
well.
2.While this nation was founded on the principle that all
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men are created equal, and while we pay tribute to the
great American creed "give me your tired, your poor, your
huddled masses yearning to breathe free" which stands at
the base of America's Statue of Liberty, a symbol of hope
for all who live, and all who wish to live, in the United
States of America, we recognize that the practices of our
state and its government have not always honored that
promise. Ours is a state with an imperfect history where
intolerance spurred the enactment of unjust
discriminatory laws that have too often denied minority
groups access to the promise of America, that all men are
created equal. Today that struggle continues, and
learning from our past will help enable us to travel
further down the path toward building a more perfect
Union.
3,The Legislature deeply regrets the enactment of past
discriminatory laws and constitutional provisions which
resulted in the persecution of Chinese living in
California, which forced them to live in fear of unjust
prosecutions on baseless charges, and which unfairly
prevented them from earning a living. The Legislature
regrets these acts and reaffirms its commitment to
preserving the rights of all people and celebrating the
contributions that all immigrants have made to this state
and nation.
Comments
This resolution has as its purpose the apologizing for the
enactment of past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese
persons living in California in the 19th and 20th
centuries. In support, the author writes:
"Instead of expressing gratitude and appreciation for
the contributions Chinese in California made to our
state [in the mid-1800's], legislators preyed upon
economic and xenophobic fears of Californians. They
enacted a vast number of discriminatory laws that
targeted Chinese in California and incoming Chinese
immigrants. [Citing numerous examples.]
"Learning from our past and acknowledging the
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travesties of justice in our history will help enable
us to travel further down the path towards building a
stronger state. This resolution seeks to recognize
this fact by paying tribute to the significant
contributions that Chinese in California made to our
state despite the pervasive and sustained
discrimination made against them by the State of
California."
In 1879, California amended its Constitution to adopt
Article XIX, titled "Legislature to Protect State from
Certain Aliens", which in Section 1 read, in part:
"The Legislature shall prescribe all necessary
regulations for the protection of the State . . . from
the burdens and evils arising from the presence of
aliens, who are, or may become vagrants, paupers,
mendicants, criminals, or invalids afflicted with
contagious or infectious diseases, and from aliens
otherwise dangerous or detrimental to the well-being or
peace of the State, and to impose conditions upon which
such persons may reside in the State, and to provide
the means and mode of their removal from the State."
According to materials provided by the author, Article XIX
targeted Chinese immigrants and had the effect of denying
Chinese the right to own or acquire property, the right to
own a firearm, the right to be employed by a corporation,
and the right of employment in public work. Article XIX
also declared that "foreigners unable to become citizens"
(meaning Chinese, who Congress specifically denied
citizenship with passage of the Chinese Exclusion Act of
1882) were "dangerous or detrimental to the well-being of
the State." Article XIX remained in effect for 73 years
until it was finally repealed in 1952.
According to materials cited by the author, prominent
California politicians were active leaders in the Chinese
exclusion movement and lobbied Congress for years to
prohibit immigration from China. In 1882, Congress passed
the Chinese Exclusion Act (ACT), the first United States
(U.S.) law to restrict immigration and naturalization for a
specific ethnic group. The Act outlawed all Chinese
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immigration to the U.S. and denied citizenship to those
Chinese already settled in the country. By outlawing all
new immigration, the Act effectively prevented thousands of
Chinese men already living in the U.S. from reuniting with
their wives and children who they had left behind in China
when they came to this country to work.
According to historian Andrew Gyory, the Chinese Exclusion
Act "reversed not only American policy, but also American
tradition, changing forever the nation's image of itself as
a beacon of hope, a refuge for the poor and the oppressed
the world over." In his view, the Chinese Exclusion Act
not only "legitimiz[ed] racism as national policy" but set
a precedent for broader exclusion laws and "fostered an
atmosphere of hostility towards foreigners that would
endure for generations." (Andrew Gyory, Closing the Gate:
Race Politics and the Chinese Exclusion Act. Chapel Hill:
1998, pp.1-3.)
The ban on Chinese immigration was extended indefinitely in
1902, and was not repealed until 1943 when Congress passed
the Magnuson Act. Although Chinese Americans then became
eligible for naturalization, Congress initially limited
this number to only 105 Chinese immigrants per year. (Asian
Law Journal, December 2000.)
The resolution notes that Californians of Chinese descent
now occupy leading roles in politics, business and
academia, including 10 Chinese Americans serving in
constitutional and statewide offices in California.
The author believes that "diversity is one of our state's
greatest assets" and that "integrating [immigrants] into
our society not only helps them prosper, but helps
California prosper as well." Thus, in addition to seeking
an apology for the enactment of past laws discriminating
against Chinese, the resolution importantly memorializes
that the Legislature "reaffirms its commitment to
preserving the rights of all people and celebrating the
contributions that all immigrants have made to this state
and nation."
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FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 7/7/09)
Asian Americans for Civil Rights and Equality
Asian Americans for Community Involvement
API Equality - Los Angeles
Asian Law Alliance
Asian Pacific American Leadership Institute
Asian Pacific Islander American Public Affairs Association
Chinese Historical and Cultural Project of Santa Clara
County
Japanese American Citizens League - San Jose Chapter
TSM:cm 7/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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