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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... establish a state and to delegate to it powers to act on their behalf. It is important to see from the start that although the citizenry may be the location of sovereignty, citizenship defines neither the category of the governed nor ...
... established by the Insular Cases—early- twentieth-century decisions of the Court regarding federal power over territories acquired after the Spanish-American War—remain largely intact. Congress has the power to establish governments for ...
... established under foreign law.) There is a similar story to tell about the recognition of foreign judg- ments. The leading case on “comity,” Hilton v. Guyot,18 decided in 1895, again drew its premises from a territorial model. The idea ...
... established in the fundamental law would not restrain the exercise of all powers delegated to the national government.28 But this was plainly not the Court's view in the immigra- tion cases (and, as we shall see, in the other ...
... establish, the procedures established for determining admissibil- ity.29 Attaining entry improves an alien's constitutional status, permit- ting the Court to apply due process norms to deportation proceed- ings.30 But, as the Court made ...
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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 |