ABSTRACT

This chapter analyzes the cases and to determine the scope of legislative power to place limitations upon the right of an alien to participate in the common callings of the community. Despite the Court's obvious awareness of the availability of the narrow ground for its decision, a majority of the justices declined to so confine their holding, and, by referring to "any or all aliens," gave this decision a much broader scope than the facts actually required. Only once prior to Takahashi, in a case involving the validity of an ordinance which prevented aliens from operating pool rooms, was the Supreme Court called upon to apply the test directly to a particular occupation. The states are uniform in denying admission to the bar to aliens, because an attorney is considered an "officer of the court," and on similar reasoning an alien has been denied the right to be an auctioneer.