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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... opinion for a unanimous Court, Justice Field wrote that the power of the government of the United States to “exclude aliens from its territory is a proposition which we do not think open to contro- versy.”8 His analysis began ...
... opinion of the day: “The theory of the foreign suit is that although the act complained of was subject to no law having force in the forum, it gave rise to an obligation . . . which, like other obligations, follows the person, and may ...
... opinions refer to the status of Indian tribes as “anoma- lous.”36 For much of the nineteenth century, Congress ... opinion (but with an important change in emphasis), the Supreme Court in 1886 characterized Indi- ans as “wards of ...
... opinions themselves display a clear— and , to the modern eye , rather remarkable - account of the assumed superiority of Anglo - Saxon culture , usually described in terms of " civi- lization . " According to the Court , destiny had 28 ...
... opinion that federal authorities arrested him and tried him for murder . He was convicted by a federal jury and sentenced to death . Upon appeal , the Supreme Court read federal statutes as not authoriz- ing federal criminal ...
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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 |