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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... federal authority to regulate Indian tribes? What constitutional rights could each of the regulated groups assert against the predatory actions of the United States government? To a remarkable degree, the Court's answers to these ...
... federal government took sustained and serious action again racial inequality. The Supreme Court, during Earl Warren's tenure as Chief Justice, was an active participant in the drive for equality, striking down dis- criminatory state ...
... governments. Citizenship returns as a theme under the Rehnquist Court. As the ... federal power over territories acquired after the Spanish-American War ... government's constitutional argument that casts doubt on a more robust form ...
... federal government has an- nounced its dedication to tribal self - determination . Federal policies , from child adoption laws to casino gambling , recognize broad notions of tribal sovereignty . As I describe in detail in Chapter 5 ...
... federal immi- gration legislation enacted since adoption of the Constitution ... government a certificate authorizing his reentry. While he was outside the ... government of the United States to “exclude aliens from its territory is a ...
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 |