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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... foreign-built sailing ships is not an obvious choice for commemorating a declaration of independence from a Eu- ropean empire. The 1992 appearance was more curious still, as it was billed as being in celebration of the five-hundredth ...
... foreign states and a nation that defined itself in ethno-racial terms as Anglo-Saxon. According to the received wis- dom of the day, tribal Indians, Filipinos, and immigrants from China and southern and eastern Europe were plainly not ...
... foreign states; and (5) power (if not an obligation) to protect U.S. citizens overseas. In short, the Court ensured that the ship of state was outfitted with the requisite constitutional authority to assume its role as a world power ...
... foreign ag- gression, according to Field, was “the highest duty of every nation, and to attain these ends nearly all other considerations are to be subordi- nated.”10 Foreign encroachment could come from many sources, from either ...
... foreign state in which the citizen of the regulating state found himself . So despite Holmes's strong language in American Banana , the rule against extra- territorial application of law was not a constitutional command ; it was rather ...
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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 |