U.S. v. Bhagat Singh Thind (1923)
In 1923, Bhagat Singh Thind applied for United States citizenship. Thind was born in India, but in 1912, he moved to the United States and even served in the United States Army during World War I. After he was honorably discharged, he tried to become naturalized.
U.S. v. Bhagat Singh Thind took place one year after Takao Ozawa applied for United States citizenship and was deemed ineligible in a unanimous Supreme Court ruling. In Ozawa’s case, the Supreme Court ruled that because Ozawa was Japanese, he could not be Caucasian and therefore could not be eligible to become a citizen, despite his passionate explanation of his loyalty to the United States and of how he was “at heart . . . a true American.”
After the Supreme Court essentially expressed in Takao Ozawa’s case that being Caucasian seemed to be the most critical factor for naturalization, Bhagat Singh Thind used the Court’s reasoning for denying Ozawa citizenship to argue that he, therefore, was eligible to be naturalized. Thind described that the “Caucasian race” actually began in India. In contrast to Ozawa’s argument, based more upon the idea of what it meant to be a citizen from an emotional and logical standpoint, Thind argued he should be eligible to be naturalized from a scientific standpoint. Thind referred to the “Aryan race” and explained how, scientifically, it originated in India. In addition, he highlighted the roots of Indo-European languages to connect the population seen as white back to India in another way. Thus, as a “high-caste Hindu, of full Indian blood,” Thind asserted that he was Caucasian and ought to be considered as having met the criteria for being eligible for citizenship.
However, the Supreme Court ruled that Thind was ineligible to become naturalized. Stating that “the words ‘free white persons’ are words of common speech, to be interpreted in accordance with the understanding of the common man, synonymous with the word ‘Caucasian’ only as that word is popularly understood,” the Court unanimously ruled that Thind, although his reason evidently fit the requirements the Court seemed to present in their rejection of Ozawa’s argument, could not be a citizen because he was still not considered a “free white person” by what was considered the common standard. As a result of this ruling, Congress confirmed that all immigrants from India were also part of the group ineligible to become naturalized citizens of the United States.
This is a great example of supreme court justices not the following presentment. One can justify not following presentment if there have been new revelations and experiences that change one's point of view. However, these justices used their power to perpetuate a racist belief in favor of white Anglo Saxons. These horrible court rulings bring up the importance of having intellectual supreme court justices. I fear that our newest supreme court justice may follow the same trends during the 1920s. Specifically, I believe that he will vote against Roe v. Wade.
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