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Reconsidering The Insular Cases

Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Size: 21.79 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: 77.94 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: 60.35 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: 40.12 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

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

Author: Lilia Fernández
Publisher: ABC-CLIO
ISBN: 1440837635
Size: 49.25 MB
Format: PDF
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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: 22.17 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: 30.28 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: 39.78 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.

Islanders In The Empire

Author: JoAnna Poblete
Publisher: University of Illinois Press
ISBN: 0252096479
Size: 25.89 MB
Format: PDF
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In the early 1900s, workers from new U.S. colonies in the Philippines and Puerto Rico held unusual legal status. Denied citizenship, they nonetheless had the right to move freely in and out of U.S. jurisdiction. As a result, Filipinos and Puerto Ricans could seek jobs in the United States and its territories despite the anti-immigration policies in place at the time. JoAnna Poblete's Islanders in the Empire: Filipino and Puerto Rican Laborers in Hawai'i takes an in-depth look at how the two groups fared in a third new colony, Hawai'i. Using plantation documents, missionary records, government documents, and oral histories, Poblete analyzes how the workers interacted with Hawaiian government structures and businesses, how U.S. policies for colonial workers differed from those for citizens or foreigners, and how policies aided corporate and imperial interests. A rare tandem study of two groups at work on foreign soil, Islanders in the Empire offers a new perspective on American imperialism and labor issues of the era.

Courage To Dissent

Author: Tomiko Brown-Nagin
Publisher: Oxford University Press
ISBN: 9780199831593
Size: 41.85 MB
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In this Bancroft Prize-winning history of the Civil Rights movement in Atlanta from the end of World War II to 1980, Tomiko Brown-Nagin shows that long before "black power" emerged and gave black dissent from the mainstream civil rights agenda a name, African Americans in Atlanta questioned the meaning of equality and the steps necessary to obtain a share of the American dream. This groundbreaking book uncovers the activism of visionaries--both well-known figures and unsung citizens--from across the ideological spectrum who sought something different from, or more complicated than, "integration." Local activists often played leading roles in carrying out the agenda of the NAACP, but some also pursued goals that differed markedly from those of the venerable civil rights organization. Brown-Nagin documents debates over politics, housing, public accommodations, and schools. Exploring the complex interplay between the local and national, between lawyers and communities, between elites and grassroots, and between middle-class and working-class African Americans, Courage to Dissent transforms our understanding of the Civil Rights era.