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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... membership. This book is an attempt to open up these kinds of questions for seri- ous scrutiny. I address a selected set of issues, well aware that many oth- ers need attention (such as the status of the District of Columbia, ex ...
... Membership, and the Constitution,” 7 Const. Comm. 9 (1990), and Cornelia T. L. Pillard and T. Alexander Aleinikoff, “Skep- tical Scrutiny of Plenary Power: Judicial and Executive Branch Deci- sion Making in Miller v. Albright,” 1998 Sup ...
... membership. Thus, while our national narrative has undergone significant change, our constitutional law has remained largely locked in nineteenth-century conceptions of statehood. Modern constitutional law has considered questions of ...
... member- ship in constitutional law. My central thesis is that a constitutional law for the twenty-first century needs understandings of sovereignty and membership that are supple and flexible, open to new arrangements that complement ...
... membership in the state—the demos on whose behalf the state acts. I urge the abandonment of the plenary power cases and argue for more flexible understandings of membership that would legiti- mate new arrangements intended to promote ...
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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 |