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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... groups assert against the predatory actions of the United States government? To a remarkable degree, the Court's answers to these questions more than a century ago continue to dominate constitutional understandings of sovereignty and ...
... groups, based on assumptions about whether the particular group was ulti- mately able to be “civilized.” In Chapter 3 I aim to sustain the claim that in the twentieth century the United States moved from a nation-state to a citizen ...
... groups organized around identity. Thus, the Court has mobilized citizenship in cases limiting the sovereignty of Indian tribes and sustaining harsh government policies against immigrants. While the concept and content of citizenship ...
... groups. Jim Crow and the exclusion of Asian immigrants lasted until after World War II. Mexican immigrants were sought after as low-paid agricultural workers, not as potential members of the American polity. Throughout this period, the ...
... groups already located on U.S. soil , congressional plenary power was justified , perhaps even mor- ally required , as a way to raise up the lower orders by " Americanizing " them.72 In the sovereignty cases , the Supreme Court ...
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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 |