Asakura v. City of Seattle explained

Litigants:Asakura v. City of Seattle
Decidedate:May 26
Decideyear:1924
Fullname:Asakura v. City of Seattle
Usvol:265
Uspage:332
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.
Majority:Butler
Joinmajority:unanimous
Lawsapplied:Treaty of Amity and Commerce between Japan and the United States

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.

Significance

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.[1] More particularly, a treaty can give a non-citizen rights contrary to the published laws of a local jurisdiction.[2]

Notes and References

  1. Thomas Buergenthal & Sean D. Murphy, Public International Law in a Nutshell 234-35 (6th ed. 2019).
  2. https://www.jstor.org/stable/1279009?searchText=%2522Asakura+v.+City+of+Seattle%2522&searchUri=%252Faction%252FdoBasicSearch%253FQuery%253D%252522Asakura%252Bv.%252BCity%252Bof%252BSeattle%252522%2526acc%253Don%2526wc%253Don%2526so%253Drel&ab_segments=0%252Fbasic_phrase_search%252Fcontrol&refreqid=fastly-default%253Ade35617752a95abb62282be8eac90713&seq=1 International Law: Treaties: Are the Rum Treaties Self-Executing?