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Reconsidering The Insular Cases

Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Size: 58.47 MB
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Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

The Insular Cases And The Emergence Of American Empire

Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN:
Size: 71.45 MB
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When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Size: 31.71 MB
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Foreign In A Domestic Sense

Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
Size: 29.70 MB
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In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

The Constitution Of Empire

Author: Gary Lawson
Publisher: Yale University Press
ISBN: 9780300128963
Size: 43.15 MB
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The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

50 Events That Shaped Latino History An Encyclopedia Of The American Mosaic 2 Volumes

Author: Lilia Fernández
Publisher: ABC-CLIO
ISBN: 1440837635
Size: 36.78 MB
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What are the historical events most key to shaping Latino culture? This book provides detailed and broad coverage of the 50 most pivotal developments across more than 500 years' time that have shaped the Latino experience, offering primary sources, biographies of notable figures, and suggested readings for further research. • Offers scholarly analysis of critical events in Latino/a history while also providing in-depth primary sources, biographies, and evidence that provide additional historical perspective • Represents an invaluable reference tool for students doing research papers, seeking accessibly written background information, or simply wanting to learn more about Latinos in the United States • Written by expert contributors with specialties in a variety of key fields—media, politics, history, and popular culture • Supplies breadth and depth on significant events that have shaped the Latino experience for the past five centuries

American Colonialism In Puerto Rico

Author: Efrén Rivera Ramos
Publisher: Markus Wiener Publishers
ISBN: 9781558764101
Size: 46.55 MB
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Providing a discussion of the complexity of Puerto Rican history and political culture, this text investigates the social reality embodied in the colonial relationship between the US and Mexico.

Colonial Crucible

Author: Alfred W. McCoy
Publisher: Univ of Wisconsin Press
ISBN: 9780299231033
Size: 38.41 MB
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At the end of the nineteenth century the United States swiftly occupied a string of small islands dotting the Caribbean and Western Pacific, from Puerto Rico and Cuba to Hawaii and the Philippines. Colonial Crucible: Empire in the Making of the Modern American State reveals how this experiment in direct territorial rule subtly but profoundly shaped U.S. policy and practice—both abroad and, crucially, at home. Edited by Alfred W. McCoy and Francisco A. Scarano, the essays in this volume show how the challenge of ruling such far-flung territories strained the U.S. state to its limits, creating both the need and the opportunity for bold social experiments not yet possible within the United States itself. Plunging Washington’s rudimentary bureaucracy into the white heat of nationalist revolution and imperial rivalry, colonialism was a crucible of change in American statecraft. From an expansion of the federal government to the creation of agile public-private networks for more effective global governance, U.S. empire produced far-reaching innovations. Moving well beyond theory, this volume takes the next step, adding a fine-grained, empirical texture to the study of U.S. imperialism by analyzing its specific consequences. Across a broad range of institutions—policing and prisons, education, race relations, public health, law, the military, and environmental management—this formative experience left a lasting institutional imprint. With each essay distilling years, sometimes decades, of scholarship into a concise argument, Colonial Crucible reveals the roots of a legacy evident, most recently, in Washington’s misadventures in the Middle East.

Seams Of Empire

Author: Carlos Alamo-Pastrana
Publisher:
ISBN: 9780813062563
Size: 33.25 MB
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Using his ideas of racial imbrication (an approach that discerns overlapping layers of racism, colonialism, and exploitation), Alamo highlights the reasons and ways that many Puerto Ricans were marginalized in what has generally been perceived as a progressive space, and he looks at how the island gave American blacks and progressive whites a less restrictive place to generate interest in black radicalism.