Beyond the Plenary Power Doctrine: How Critical Race Theory Can Help Move Us Past the Chinese Exclusion Case (Note)

This Note argues that the judiciary's implementation of the plenary power doctrine fails to reflect reality. Then, this Note contrasts the racist, historical record with the constitutional freedom that the courts grants the legislative and executive branches. While the legislative and executive branches discriminate, the courts idly stand by, rationalizing ways to give deference. Part II highlights the historical discrimination faced by Asian-Americans and Latinos and, via the interest-convergence principle, explains the increases in immigration and the backlashes that followed those increases. Part II also explains the plenary power doctrine and exhibits some of the doctrine's effects on aliens. Part III argues that the plenary power doctrine lacks substance by highlighting the weakness of the plenary power doctrine's rationale and explaining why any useful analysis of immigration law needs CRT. Part IV concludes by offering a few possible remedies to the current tragedy created by the plenary power doctrine