Asakura v. City of Seattle

Asakura v. City of Seattle, 265 U.S. 332 (1924), was a United States Supreme Court case in which the Court held Seattle's ordinance limiting business licenses to American citizens violated the Treaty of Amity and Commerce between Japan and the United States, which guaranteed Japanese citizens the right to conduct business in the United States.[1]

Asakura v. City of Seattle
Decided May 26, 1924
Full case nameAsakura v. City of Seattle
Citations265 U.S. 332 (more)
Holding
Seattle's ordinance limiting business licenses to American citizens violated the Treaty of Amity and Commerce between Japan and the United States, which guaranteed Japanese citizens the right to conduct business in the United States.
Court membership
Chief Justice
William H. Taft
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
Willis Van Devanter · James C. McReynolds
Louis Brandeis · George Sutherland
Pierce Butler · Edward T. Sanford
Case opinion
MajorityButler, joined by unanimous
Laws applied
Treaty of Amity and Commerce between Japan and the United States

Significance

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Asakura demonstrates the interaction of the Treaty Clause with the Supremacy Clause: self-executing international agreements ratified by the United States are equivalent to federal laws, which trump conflicting state laws.[2] More particularly, a treaty can give a non-citizen rights contrary to the published laws of a local jurisdiction.[3]

References

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  1. ^ Asakura v. City of Seattle, 265 U.S. 332 (1924)
  2. ^ Thomas Buergenthal & Sean D. Murphy, Public International Law in a Nutshell 234-35 (6th ed. 2019).
  3. ^ International Law: Treaties: Are the Rum Treaties Self-Executing?, 25 Mich. L. Rev. 78, 79 (1926).
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