Semblances of Sovereignty: The Constitution, the State, and American CitizenshipHarvard University Press, 1 Jul 2009 - 320 halaman In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. |
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... Indian tribes, the territories, and immigration. I set out to try to dis- cover why, and—more important—why the ... Indian tribes. Students are taught about a structure of dual sovereignty, with no mention of the sovereignty of Indian ...
... Indian tribes or the status of Puerto Rico, Guam, or the Dis- trict of Columbia. The progressive recognition of individual rights is usually featured as a central part of the constitutional story told about the twentieth century. Yet ...
... Indian tribes? What constitutional rights could each of the regulated groups assert against the predatory actions of the United States government? To a remarkable degree, the Court's answers to these questions more than a century ago ...
... Indian tribes, U.S. territories (Puerto Rico, Guam, the Virgin Islands), the District of Columbia. It also avoids deep and important questions about the scope and power of the American state—such as the source of the immigration power ...
... Indian tribes, and a second-class constitutional status for the territories. In telling this story, I begin with the late-nineteenth-century Su- preme Court decisions involving federal power over immigration, In- dian tribes, and newly ...
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1 | |
11 | |
From the Warren Court to the Rehnquist Court | 39 |
The Case of Puerto Rico | 74 |
5 The Erosion of American Indian Sovereignty | 95 |
6 Indian Tribal Sovereignty beyond Plenary Power | 122 |
7 Plenary Power Immigration Regulation and Decentered Citizenship | 151 |
Toward a New American Narrative | 182 |
Notes | 199 |
Index | 303 |