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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... equal citizenship. The Warren Court ordered wholesale restructuring of electoral processes in the pursuit of political equality. Its muscular use of the equal protection clause sought to make real the Fourteenth Amendment's condemnation ...
... equal citizenship argues against subnational political arrangements that appear to provide “ special rights ” to cer- tain classes of citizens ( particularly when those classes are perceived to be defined by race ) . Thus , citizenship ...
... equal states implied limits on the power of one state to adopt laws that applied to the territory of another ( the “ territorial principle ” ) . Certainly the United States would resist attempts by for- eign states to impose its law on ...
... equal and independent sovereigns suggested that states generally respect judg- ments duly rendered in the courts of another state. But the model was not fully satisfactory. In Hilton, for an American court to find the French court's ...
... ability and authority of the United States to be an imperial power of a stature equal to that of the European states . “ A false step at this time,” wrote Justice Brown with refreshing candor in 22 · SEMBLANCES OF SOVEREIGNTY.
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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 |