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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... citizenship defines neither the category of the governed nor that of the governors. States exercise power over nonmembers—immigrants—located within state boundaries (and sometimes over nonmembers beyond territorial borders). And the cat ...
... citizenship based on race, and the Court took strong mea- sures to protect United States citizenship—described as “a most pre- cious right”—by virtually denying Congress the power to remove it. For the Warren Court, citizenship was an ...
... Citizenship figures little in the work of the Burger Court; its important constitutional decisions emphasize the rights of persons and the powers of state and local governments. Citizenship returns as a theme under the Rehnquist Court ...
... citizenship . In Chapter 6 I examine constitutional claims that would support a fuller conception of tribal sovereignty . I argue for a new relation- ship between the federal government and the tribes based on binding agreements rather ...
... citizenship . The Court's implicit model of indivisible national sovereignty is complemented by a strong notion of national citizenship . Citizenship defines national state mem- bership , and the idea of equal citizenship argues against ...
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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 |