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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... hold that the Constitution applied in full to the territories would mean that if ] the United States , impelled by its duty or advantage , shall acquire territory peopled by savages , and of which it may dispose or not hold for ultimate ...
... hold the islands in furtherance of U.S. impe- rialist designs . Some of the proponents of empire imagined a long- term arrangement with substantial American settlements overseas ( as had occurred in Hawaii from mid - century on ) ...
... hold such allotments in trust for twenty - five years , at which time title would vest in the allottees.107 Indians receiving allotments were granted U.S. citi- zenship , as were Indians who had taken up residence apart from any tribe ...
... hold that there is anything in the Constitution to forbid such ac- tion.1 116 Indian tribes , who could neither be excluded like the Chinese nor granted independence like the Filipinos , could perhaps be civilized . From the Court's ...
... hold from them [ i.e. , the Indians ] any privileges or immunities which we grant to the more civilized people . In all this I do not recommend the intermingling of the races ; but I do not fear it . Long as the African has lived side ...
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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 |