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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... Judicial and Executive Branch Deci- sion Making in Miller v. Albright,” 1998 Sup. Ct. Rev. 1 (© 1998 by The University of Chicago. All rights reserved). Contents 1 Introduction 1 2 The Sovereignty Cases and the Preface • ix.
... judicial protection was warranted. The Burger Court, also more attuned to is- sues of local governance, was in some respects more supportive than the Warren Court of Indian self-determination—again a topic that the Warren Court largely ...
... judicial deference are unpersuasive and that the Court ought to subject immigration laws to the usual con- stitutional norms applied to other exercises of federal power . ( A 2001 decision of the Supreme Court points in this direction ...
... judicial review.1 Con- gress, in exercising its power, adopted a range of policies aimed variously at excluding, dominating, and assimilating “non-American” “races.” Behind the policies lay a conception of the United States as a white ...
... judicial role in restricting congressional exercise of the immigration power.22 Field put it rather strongly : “ The government , possessing the powers which are to be exercised for pro- tection and security , is clothed with authority ...
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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 |