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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... granted to Puerto Ricans and Native Americans, and Indian policy under the New Deal took a significant turn toward recognizing tribal sovereignty.4 But no doubt was cast on Congress's power to deal with these matters as it saw fit ...
... granted Congress flexibility toward the new possessions. Adopting Jus- tice White's suggestion in his Downes concurrence, the Court focused on “the relation of the particular territory to the United States.”57 For those territories that ...
... granted citizenship immediately , the Court opted for constitutional rules that gave Congress a rather free hand in fashioning arrangements for the new territories and their people . Complete and direct application of the Constitution ...
... granted U.S. citi- zenship , as were Indians who had taken up residence apart from any tribe and had “ adopted the habits of civilized life . " 108 The allotment policy has properly been declared a disaster for the Indians , costing ...
... granted independence like the Filipinos , could perhaps be civilized . From the Court's late - nineteenth - century perspective , they were “ in a state of pupilage , advancing from the condition of a The Sovereignty Cases • 29.
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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 |