United States Supreme Court Official photo
The United States Supreme Court has declined to review the San Francisco Peace Treaty leaving stand a lower court ruling that Taiwan's longstanding unresolved nationhood is the responsibility of the President as a political issue.
The Supreme Court gave no explanation for its refusal to review an appeal in the case of Roger C.S. Lin, et al vs. United States. The case, brought by Taiwan residents, sought use of U.S. passports for the 23 million island residents until an internationally supervised referendum allowed the people of Taiwan to determine their own form of government.
Earlier this year the District of Columbia U. S. Court of Appeals ruled that although Taiwan has been in "political purgatory" for six decades because of a deliberate "strategic ambiguity" imposed on the island at the end of World War II by the United States the responsibility belonged to the executive branch of government because the courts lack war powers.
Taiwan, commonly called Formosa at the close of World War II, was a Japanese colony since 1895 and the islanders looked with hope to the United States for self-determination after the surrender of the Japanese. Instead, the 7th Fleet of the U.S. Navy landed Republic of China troops on the island in October of 1945 as an interim occupation force. Then followed an ethnic-cleansing massacre, a terror campaign, and four decades of harsh martial law by the Chinese.
The Chinese civil war between the Communists and the Kuomintang or Nationalist forces of Chiang Kai-shek raged during World War II and for four years after. The Cold War began as soon as World War II ended and Taiwan was caught in the middle as the United States recognized the exiled Kuomintang government located in Taipei as the legitimate government of mainland China.
The outbreak of the Korean War in 1950 further cemented the Republic of China hold over Taiwan as the United States battled the Communists in Korea. Chiang-Kai-shek's secret police apparatus became working partners with America's Central Intelligence Agency and self-determination for the people of Taiwan was ignored.
When Japan formally dropped all claims to Taiwan at the San Francisco Peace Treaty with the United States in 1952 the future status of the island was left undetermined because of the ongoing Korean conflict. President Harry Truman declared Taiwan's status must await resolution until there was peace in the Pacific.
In the struggle between "Red China" and "Free China", the concept of "One China" emerged and independence for Taiwan was regarded as sedition and treasonous. Now, sixty-four years after America landed the Chinese on Taiwan, the People's Republic of China regards Taiwan as a renegade province and militarily threatens the island.
Roger Lin, a Taiwan politician and legal scholar, filed suit to end the "political purgatory" and achieve the promise of the San Francisco Peace Treaty. The response of both the Bush and Obama administrations has been to ignore the legal challenge and instead assert the issue of Taiwan's status is purely political and not the business of the courts.
Charles Camp, attorney for the Taiwanese plaintiffs, minces no words in describing the Supreme Court's refusal to examine the San Francisco Peace Treaty's mandate.
"It is unbelievable to me that the Supreme Court would let stand a decision that for the first time in our jurisprudence puts the political question doctrine ahead of the obligation of the Courts to read and interpret treaties and to determine the existence of Constitutional rights."
"The Supreme Court's failure to grant cert is a dramatic u-turn by our Court system that I believe will haunt our country and the world unless and until this grave injustice is corrected, given that Constitutional rights and rights granted under treaties can no longer be enforced through our court system whenever the shadow of a political question exists."
Taiwan's unresolved international status leaves the island populace threatened by China, ruled by a government in-exile imposed on the island by the United States, and unable to be represented in the United Nations and the World Health Organization.
The Supreme Court's refusal to accept the Lin case leaves intact the ruling of the District of Columbia U.S. Court of Appeals where Circuit Judge Janice Rogers Brown wrote that Taiwan's "political purgatory" has infected the daily life of the stateless people of Taiwan and urged President Barack Obama to act "expeditiously" to resolve the matter.
President Obama has thus far been silent on Taiwan's status and has avoided Taiwan on his international travels.
For more info: www.examiner.com/x-1969-Boston-Progressive-Examiner~topic72211-Taiwan
Comments
The GOP wants America to succeed..Obama wants it to fail. Too bad America can't understand the differance, let alone the Supreme Court. Unbelievable.
Don't worry ,be happy!
It just the begin!
When Taiwanese look back the way they are coming!
we already achieved tremously goal!
yes! it still a long way to create a formosa Republic!
but never give up!
where ispresident Obama's father coming from "Kenya"
No body can precidt that in 200 years,
America have an Africa-American president !
so why Taiwanese should feel bad!
so far! we already did a excellant job!
Keep going!
United we stand!
remember there are more than 200,000 spirits of 228 massacre9s) victims in the sky of Formosa island to protect and bless Taiwan!
carry-on till Formosa Republic on the Earth!
Stand up from where you fall!
Ask any Chinese on the mainland China if he/she is willing to give Taiwan independence. The answer you will get is that they will fight and are willing to kill every independence-promoter to keep the island. There is simply no way to move at that direction. China will not a strong country now. Do not agitate a superpower, a regional one at least.
Your keen observation on Taiwan question is super.
I am glad your eyes finally – within one year time – found the basic problem is the Ethnic Cleansing i.e. not only killing or jailing over 200,000 persons with their families of over millions. The ROC Chinese has been doing the Ethnic Cleansing for over 6 decades trying to eliminate the local languages and cultures and local history etc. The fact of ROC Chinese does not own the sovereignty of Formosa and Pescadores yet USMG and even the Supreme Court today has no action to terminate the Foreign Power of ROC in exile is almost the shame of the human history. The history shown USMG betrayed Formosan first time during 1947-now, and the Supreme Court turned down the opportunity to pull Formosan out of the Political Purgatory on October 5th, 2009. History is cool and accurate, 20,000,000 Formosans have been in the hell made by USMG for the 64 years and still deep in the purgatory. Isn’t it the shame of the human being?
PRC has nothing to do with Taiwan according to SFPT, though it claims to own Taiwan's sovereignty without any proof documents.
Taiwan was NOT Japan's colony but a legal territory, since the transfer of full sovereignty from China to Japan occurred in 1895 according to a formal treaty.
People in China has very strange logic. They do not thank to US government at all though US actually saved their country that almost perished and disappeared in World War II. The KMT troop lost in almost every battle during the war, but they think it is natural that US should give them the booty - Taiwan - as their reward, simply because they luckily joined the winning group. Did they think they hired the US soldiers to combat in the war?
"How kind the US government!" hurray all Chinese people...
pls. keep the money flowing for the cause. victory is near!
If PRC(Red China) keeps claiming Formosa and Pescadores is a part of China without any the legal standing, then, their acts (Governmental or Individual Chinese) are nothing but one of the crime of the Ethnic Cleansing going on Taiwan under the name of ROC in exile. In more clear words, it is the terror.
Formosan has to write the world, UN shall not keep any Terror country in the organization. The China should be expelled from UN asap.
CK Chen 10/07/2009
This article mentions nothing regarding to the history prior to Japanese occupation after the Sino-Japanese war of 1984-1985, nor does the author say anything about the fact that the great majority of Taiwanese are Han Chinese in ethnicity. China (ROC in 1945) was a member of the allied forces, led by the US in the Pacific theater. The "occupation" by the Nationalists was then welcomed by the majority of people on Taiwan. Most considered the event as repatriation and/or reunification with their Motherland, and were happy to see the defeated Japanese kicked out.
While there is a fraction of Taiwanese who supports an independent country outside of the ROC framework, I would argue that the majority of the residents in Taiwan is happy with the status quo,if not leaning towards peaceful coexistence with the PRC. This lawsuit reflects the desperation of some TI supporters, but the circus show must end. It's ironic that they "love Taiwan" so much they'd rather be Americans. Try Japan next?
Why is this place the only place I can find that provides substantial informtation on this case? President Obama is going to China in a month. What do you think he is going to do there with regard to Taiwan? Is he going to sell Taiwan for a trillion dollars? Would it help to contact the media (CNN, FOX, MSNBC, ABC, CBS, PBS, NPR, etc.) and congressmans so that the world can help rally for a solution? God bless Taiwan and those who love Taiwan.
taiwan belongs to japan. without japan taiwan is jungle with malaria. why people here ask usa for help instead of japan? lin should adopt kobayashi as name and be true japanese. don't trust americans . file case in tokyo court , give more funds and taiwan sky turn bright! banzai!
taiwanese-in-exile in america pls. come to japan and we help you win case. but promise to be japanese and cancel your american citizenship or green card and be loyal nipponjen
This is a biased report : "....an ethnic-cleansing massacre, a terror campaign, and four decades of harsh martial law by the Chinese."
There is no such thing as "ethnic-cleansing massacre". Yes there was a time that army supressed riot heavy handedly but that does not amount to a " ethnic-cleansing massacre". Exagerate a tragedy is not the way to report a fact.
No, Lin is a winner and so is Michael Richardson.
More funds will surely continue to flow after another letter to Pres. Obama is shown here.
Yes, the Ethnic Cleansing has been in Taiwan since the first day of Chinese landed Formosa and Pescadores. There is nothing exaggerated, but due to the ignorance under the carefully planned Chinese brain washing education system. Chinese (ROC in exile ) has never owned the sovereignty of Formosa and Pescadores, yet drafted Formosan youths for army to fight in Chinese civil war that is the war crime and the Ethnic Cleansing. To punish a kid who speaks Formosan language at school is the Ethnic Cleansing. To Ban the Formosan songs during the visit of Chinese from China is the Ethnic Cleansing. To change the street name from Formosan names into Chinese name i.e. Peking Road or Nanking Road etc. is the Ethnic Cleansing. To refuse the international rescue at the Emergency to allow more Formosan died is the Ethnic Cleansing. This old theory is worth Formosan 100 scholars to spend their life time to investigate the KMT Chinese war crimes and to keep it in History as well as to punish
yes, ethnic cleansing by hokkien colonizer against indigenous people continues today.
Zedeg,do you speak Sima? Nunub? Naniep?
Big Ng Zoc ,you are geetist gip!
Han coloizer,who call yourself "AN-AuB"
stay in Beijing!
People must realize this is just plain 'business' for some.
"Boise says:
People must realize this is just plain 'business' for some. "
can i have a refund?
First it was former Pres. LTH who excommunicated Atty. Lin . Now it's ex-Pres. CSB.
CSB even demanded that Roger stop using HIS name when soliciting for $$$$$$.!
BTW some pro-TW American bloggers here said they heard that
Lin's group is " CULTIST".
Hope somebody here could shed some bright lights!
poor roger! if you reada taipeh times 10-14 issue abian really
massacred lin's credibilty! but at least lin hava the casha while his followers here who where tolda to writa letters to obama could nota geta a refunda! lin must be celebrating now!
I am a Taiwanese, who was forced to serve in ROC-in-exile army to fight for their "honorable" political lies - to defeat communist china. KMT's brain-washed us with what they themselves don't believe. How rediculous it is! They cheered the US with lies so as to sustain their power and continue the oppression over native Taiwanese. Now the circus will be happy to serve their new lord in China. US connived KMT to execute terror campaign and persecute basic human right in Taiwan for decades. Is it the time for ending?
Wake up, TI guys, go get a life! Haven'y you heard the "one-China policy" that both Japan and United States also agreed to in public? Haven't you heard that "there is only one China in the world and Taiwan is part of it"? Don't you understand that the TI game was over long time ago? The only way for Taiwan to win is to keep Taiwan strong, and to replace PRC with ROC as the sole representative of China. Remember that ex-Presidents Lee and Chen ruled Taiwan for 20 years, and would have declared TI if there was any possibility!
Why didn't you TI guys talk about Taiwan history prior to 1945? Why didn't you TI guys print out the 1943 Cario Conference Communique that said to return "all territories taken from China, such Machuria and Taiwan, back to China after defeat of Japan"? Was that Communique also a lie of KMT?
Taiwan was, is and will always be part of China, although not necessarily part of PRC. If you TI guys continue to weaken Taiwan, then Taiwan will become part of PRC soon.
Paul Lin says:
...*They cheered the US with lies so as to sustain their power and continue the oppression over native Taiwanese. "
yes is very true! both kmt and dpp chinese opression over native Taiwanese Amis, Atayal, Peinan...etc etc ! the chens lins, changs all look down on native Taiwanese and call them 'hua-na' and 'o-huan' . kmt and dpp chinese use brainwash and claim the native taiwanese title! How rediculous it is!Is it the time for ending?
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