It is quite imperative to note that the demographic shift of America’s population is changing rapidly. The people of color collectivity that comprise of different ethnic groups will dominate and become part of the United States population in the foreseeable future. Consequently, it is evident that a greater percentage of America’s population comprise of Native Americans. Hence, the shift in demography in the previous decades denotes the essentiality of immigration and intermarriages between diverse ethnic backgrounds and the value of protecting and defending the Native American image. Ideally, it is evident in America's legal framework that the statute rarely addresses contradictions that come with the perception of racism and multiculturalism (Densho, 2017). The United States legal framework has proved quite ineffective with regards to addressing issues and conflicts that emerge as a result of racism. However, the paper discusses Dr. Sucheng Chan's legal claim that Asian Pacific Americans have been the most legally discriminated ethnic group in America. The content of the papers also demystifies the ideology of Critical Race Theory (CRT) in a bid to present a conclusive judgment regarding Dr. Sucheng Claims.
The Asian Pacific Americans are perceived as the most legally discriminated in the United States. The entire legal frame of America's society focuses on the model minority that has been the platform for embracing racial-cultural conflicts and contradictions ever since the dawn of time. For instance, the thoughts of the most indispensable legal technocrat bearing the name Justice Antonin Scalia affirm the criticism in the Supreme Court's reasoning that "In the eyes of the government, we are one race here. It is American" (AAFE's, 2014). The affirmation denotes that perceiving Asian Americans as the most legally discriminated ethnic group is quite consistent with regards to the ideology of the color-blind philosophy in the face of the legal framework and constitutional discourse of the United States.
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Ideally, the critical race theory demystifies the appearance of race and racism and how the victims of racism are affected with regards to understanding the perception of prejudice. It is worth noting that Asian Pacific Americans (APAs) have suffered the fate that comes with model minority, especially in the context of private socio-cultural beliefs that define the exclusion of APAs in America's judicial frameworks. The intervention and the level of America's government action outline the reason why Dr. Sucheng made a legal claim as to why the APAs have been the most legally excluded ethnic group in the United States (Jin, 2018). Furthermore, the US government institutes legal principles with the intention of protecting the minority groups, but still disfavors the policies based on the philosophical standpoint of the myth of model minority and color blindness. The concern of criticizing the minority image and the insincerity of the goodwill with the United States statues outlines the suffrage that the APAs go through the American judicial systems.
Given the context of stereotyping diverse races in the United States, it comes out quite categorically that Asian-Americans have suffered the adverse effects of prejudice, especially in the context of limiting immigration. Both the native-born and the foreign-born Asian Americans have been legally excluded from the judicial frameworks of the United States of America. For instance, it is evident that the majority of Asians living in America are immigrants. However, the modalities of obtaining legal documents come with extreme levels of uncertainty and contradictions with regards to the guidelines within the America’s legal immigration (Shannon, 2014). The fact that the legal inquiries about the exclusion of Asian Americans within the judicial frameworks is not purposive and not accorded the requisite attention confirms Dr. Sucheng's claim that the Asians have suffered the challenge of legal exclusion that comes with stereotyping the culture of the Asians.
The consideration of social science in law outlines the dynamics of the legal statutes that do not favor the APAs. Conserving America's heritage based on ideological differences and the concern of human nature in a capitalist society discloses the reasons why the APAs have suffered legal discrimination in the United States. The conservation of American heritage means litigating the constitutional discourse of private prejudice. Ideally, the United States has not always embraced the political philosophy that social science supports liberation, but rather the need to advocate for the dominance of the white supremacy (Yuri, 1921). The disintegration of racial minorities depicts the understanding of the legal exclusion of APAs within America's legal framework, particularly based on the issue of insincerity in social goodwill. Additionally, the transition of ideas about the contradiction of multiculturalism and the ethnic differences that comes racial stereotype outlines the exclusion of Asian Americans within the judicial systems. Hence, the need to uplift the conservative culture of the minority image would play a significant role in reshaping America's belief about the existence of the APAs within their jurisdiction.
The reflection of the race in the civil procedure, especially with regards to the ideology of public law litigation, it is quite conclusive to affirm that the traditional model of litigation has defined the racial contradictions for centuries. The belief and the feeling that the APAs do not get fair representation within the legal affairs and the political processes in the United States of America outlines the philosophical standpoint of legal exclusion. Ideally, the role of a judge in public law litigation demystifies the culture of segregation based on racial conflicts and white supremacy (Jin, 2018). Fundamentally, America has been on the limelight as a nation that welcomes the diverse populations with a collectivity of colors and different social-ethnic backgrounds. However, the fact that there does not exist a purely private dispute within a pair of legal statutes, especially in the context of legal representations of races, outlines why Asian Pacific Americans have suffered the adverse effects of legal exclusion within the democratic affairs and activities in America.
It is quite essential to note that the representatives that have always been chosen to represent the APAs either in political forums or judicial systems are just but mere decision-makers. Hence, the need to enhance formal representation in litigation processes emerges as a major foundation for understanding the exclusion of the Chinese between and among several Asian Americans (Shannon, 2014). The concern of whether the courts' act with absolute supremacy within the context of the minority model outlines the civil procedure challenges that seem to promote racial bipolarity in the execution of legal frameworks. Hence, the need to emphasize the equal protection doctrine in understanding the racial-cultural suffrage of the Asian Americans needs to be accorded the requisite attention in a bid to reshape and counter Dr. Sucheng Chan’s claims about the exclusion of the APAs in America’s legal framework in the previous decades and centuries.
In conclusion, it is quite essential to note that Dr. Sucheng Chan’s claims with regards to how the APAs have been legally treated in the United Sates are consistent and relevant based on the history of America’s legal framework and civil procedure that supports its heritage. The guiding principles of representatives in a structural litigation and understanding race relations demystify the dissatisfaction of the Asian Americans on how they are misrepresented within America's judicial systems (Jin, 2018). Ultimately, the concern of race reflection in civil procedure, the ideology of stereotype, and the perspective of model minority affirms the claims that Asian Americans have been legally discriminated in the United States.
References
AAFE's, 4. (2014). Our History | Asian Americans for Equality. https://www.aafe.org/who-we-are/our-history
Densho, B. (2017). Yellow Power: The Origins of Asian America. https://densho.org/asian-american-movement/
Jin, H. (2018). 15 Shocking Facts About Asian American History They Never Taught You in School. https://nextshark.com/asian-american-history-never-taught/?fbclid=IwAR3AbVltfEMtC68MPf188bHnhoI2CtbuRnv3iUoEb6DS1E5K6xcGapCiOs0
Shannon, H. (2014). 10 Shameful Facts About Japanese-American Internment - Listverse. https://listverse.com/2014/10/25/10-shameful-truths-about-japanese-american-internment/
Yuri, K. (1921). May 19, 1921: Yuri Kochiyama Born - Zinn Education Project. https://www.zinnedproject.org/news/tdih/yuri-kochiyama-was-born/
