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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... Justice, was an active participant in the drive for equality, striking down dis- criminatory state laws and validating congressional legislation and ex- ecutive regulations. I argue that at the core of the Warren Court's work was a ...
... Justice Field wrote that the power of the government of the United States to “exclude aliens from its territory is a proposition which we do not think open to contro- versy.”8 His analysis began: Jurisdiction over its own territory to ...
... Justice Holmes , in the influential 1909 Ameri- can Banana decision , labeled as “ rather startling " the proposition that conduct outside the jurisdiction of the United States could be gov- erned by an act of Congress.13 Similar ...
... Justice Brown an- nounced the “conclusion and the judgment of the court” in an opin- ion that no other Justice joined.56 Within a few years, however, the majority of the Court had fixed on a doctrinal solution, one that pur- ported to ...
... the ability and authority of the United States to be an imperial power of a stature equal to that of the European states . “ A false step at this time,” wrote Justice Brown with refreshing candor in 22 · SEMBLANCES OF SOVEREIGNTY.
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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 |