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. |
Dari dalam buku
Hasil 1-5 dari 75
... claims to some form of sovereignty: 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 ...
... claim that in the twentieth century the United States moved from a nation-state to a citizen-state20: from a so- ciety whose primary story of belonging shifts from an ethnic and racial account to one based on the legal equality of ...
... 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 than exercises of plenary power . For this arrange ...
... claim could not be brought directly against a foreign state; rather, it became the property of the citizen's state to “es- pouse” in whatever way its diplomatic personnel thought fit (and the citizen was bound by the recovery, if any ...
... century “solution” for American constitutional law ratified in law what had been true in fact for several hundred years: that white claims to the land of the United States were superior 18 • SEMBLANCES OF SOVEREIGNTY.
Isi
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 |