Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
When we speak of the “personal equation” as an important factor in
the adoption or rejection of an alien applicant for citizenship,
we are likely to be thinking chiefly of the personality of the
petitioner; of his character, intelligence, education, social
training and experience; of his general fitness and capacity for
assimilation of our language, customs, traditions, institutional
relations--what we are pleased to call our “fundamental principles.”
But this is only a part, and not always or necessarily the most
significant and controlling part, of the situation. There are other
“personal equations” to be considered. For while it is true in
one sense that the applicant does pass into the maw of a machine,
constructed “of law rather than of men,” and governed by more or less
precise and automatically operating regulations from whose technic
the individuals on either side of the process may not materially
depart, the fact is that there is hardly any other legal process
in our governmental system in which personality--individual ideas,
prejudices, idiosyncrasies--plays so large a part. In no other
activity of the courts is the individual petitioner so entirely at
the mercy of the court, so completely without recourse in the event
of a decision against him.
Strictly speaking, the proceeding is judicial; an _ex-parte_ case
in an important court, in which a petition is filed with the clerk,
comes in due course before the judge in person; evidence is received
for and against the granting of the privilege requested, and the
judge decides in a formal order and decree, pro or contra; the
petition is granted or denied, as the case may be. For every petition
is decided and disposed of in some final way, even though it may
be continued or postponed once or more. It is doubtful, however,
whether anywhere in our judicial procedure--even in the minor courts
where so often farcically unjust “law” is inflicted upon defenseless
persons--may be found a class of cases departing so far in practice
from the apparent simplicity of the theory; where the petitioner is
subject to so heavy handicaps of technicality; to so great an extent
at the mercy of personal whims and mental limitations, of blunders
and negligences--and “red tape”--of persons over whose activities he
has not the slightest control, with very little right or opportunity
to have beside him anyone to protect him from encroachment upon his
rights.
Public-domain text, read in full here on John Shaqi.
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