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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... concern about the exclusion of nonmembers from reservation gover- nance , a racialized conception of the tribes , and the implications of its focus on citizenship . In Chapter 6 I examine constitutional claims that would support a ...
... concern that it not interfere with the political branches , not on an interpretive theory that different constitutional norms apply to im- migration regulations ; and second , that federal power to discriminate against aliens is based ...
... concerned , are [ sic ] necessarily conclusive upon all its departments and officers . " 23 Here is born the plenary power doctrine , 24 a phrase encompassing two ideas that add up to a virtually unlimited congressional power to decide ...
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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 |