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Issue: Does the ordinance violate the treaty btwn Japan and the US?
Reasoning: US Constitution, the supremacy clause, says that a treaty made under
authority of the US is the supreme law of the land. As long as US doesn’t violate
the constitution, it has the power to make treaties, and for US to be bound.
Therefore the treaty is binding on the state of Washington. The problem here is
that Asakura will be denied equal opportunity to engage in business, which is in
violation of the treaty. The ordinance says that pawnbrokers are regarded as
carrying on as a "business." Therefore, it is in violation of the treaty. Court
says this outcome relates only to Japanese subjects, b/c of the treaty, and not to
other aliens. The ordinance was meant to regulate the business and protect the
public against fraudulent and dishonest practices, so it should be in effect still
against other aliens.
RULE: Treaty trumps state law because of US constitution Art. VI (2), supremacy
clause.
Notes