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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... reasoning supported the “ Act of State " doctrine , announced by the Supreme Court in 1897 : " Every sov- ereign State is bound to respect the independence of every other sov- ereign State , and the courts of one country will not sit in ...
... reasoning : [ To 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 ...
... reasoning of the sovereignty cases reflected late-nineteenth-century views on the superiority, and therefore legitimate supremacy, of Anglo- American culture and institutions. Put simply, “uncivilized” peoples were unfit for self ...
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Isi
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 |