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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... constitutional authority to assume its role as a world power. The Court's decision in Chae Chan Ping v. United States5 (usually referred to as the Chinese Exclusion Case) provides an example. At 12 • SEMBLANCES OF SOVEREIGNTY.
... example. At issue were the exclusion laws of the 1880s, the first significant federal immi- gration legislation enacted since adoption of the Constitution.6 Chae Chan Ping had entered the United States in 1875 and left for a visit home ...
... example , under traditional international law norms , sovereigns had the power to regulate the con- duct of their citizens no matter where their citizens were located in the world . Any assertion of such power beyond the state's borders ...
... example , the Court concluded that the right to jury trials did not extend to the Philippines on the following reasoning : [ To hold that the Constitution applied in full to the territories would mean that if ] the United States ...
... example of the Americanization programs estab- lished for immigrants in the first decades of the twentieth century . In time , the idealism of the reformers would fade , and the assimilationist project would be declared a failure . In ...
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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 |