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Labor and Employment Law

University of Baltimore Law

1890's

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Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay Jul 2005

Preserving The Exceptional Republic: Political Economy, Race, And The Federalization Of American Immigration Law, Matthew Lindsay

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Between 1882 and 1891, the U.S. Congress enacted a spate of immigration laws though which the federal government assumed virtually exclusive control over a regulatory sphere that historically had been the province of the states. This Article argues that this federalization of immigration regulation represented an attempt to reconcile the nation’s most cherished ideological commitment - the notion that the U.S. would forever remain an exceptional, “free labor” republic - with the unprecedented social and economic convulsions of the 1870s and 1880s.

The meaning of both immigrants and immigration was fundamentally transformed during the Gilded Age due to two successive …