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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... borders). And the cat- egory of those who either exercise state power or elect those who do has never been coterminous with citizenship. Throughout the nine- teenth century, white male immigrants were entitled to vote in a num- ber of ...
... borders, its members, and its powers. In the eighteenth and nine- teenth centuries, U.S. constitutional law faced a host of sovereignty- based questions: the constitutionality of the Louisiana Purchase, con- gressional authority to ...
... borders and the entry of aliens; (2) authority to acquire new territory by conquest, treaty, or purchase; (3) exclusive jurisdiction over the territory of the United States, implying (4) limited—or perhaps no—jurisdiction in the terri ...
... border and prohibited from entering under the terms of the Ex- clusion Act. In an opinion for a unanimous Court, Justice Field wrote that the power of the ... borders . It also implied power to construct an " The Sovereignty Cases • 13.
... borders , strict adherence to the territoriality principle would be unworkable and not conducive to friendly relations among sovereigns . For example , under traditional international law norms , sovereigns had the power to regulate the ...
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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 |