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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... adopting wooden conceptions of sovereignty and membership as citizenship and statehood are brought into close —almost congruent—association. The Court has drawn or affirmed hard lines between citizens and immigrants, a narrowing of the ...
... adoption laws to casino gambling , recognize broad notions of tribal sovereignty . As I describe in detail in Chapter 5 , the Court - throughout all the changes in federal policy — has affirmed congressional “ plenary power " to ...
... adopted a range of policies aimed variously at excluding, dominating, and assimilating “non-American” “races.” Behind the policies lay a conception of the United States as a white, Anglo-Saxon nation-state—an ideal never fully attained ...
... adoption of the Constitution.6 Chae Chan Ping had entered the United States in 1875 and left for a visit home to China twelve years later. Before departing, he obtained from the federal government a certificate authorizing his reentry ...
... adoption of membership rules . Field's conception of the state as a sovereign exercising jurisdiction over territory ... adopt laws that applied to the territory of another ( the “ territorial principle ” ) . Certainly the United States ...
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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 |