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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... constitutional casebooks and scholarship, issues of state- federal relations exhaust the interesting questions to be asked about sovereignty.12 This conception of the field suppresses the recognition of Introduction • 3.
... relationship of sovereignty and 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 ...
... relation- ship between the federal government and the tribes based on binding agreements rather than exercises of plenary power . For this arrange- ment to provide a firm foundation , the Court must abandon the cen- tury - old doctrine ...
... relation to foreign countries and their subjects or citi- zens[,] [the United States] are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute ...
... relations among sovereigns . For example , under traditional international law norms , sovereigns had the power to regulate the con- duct of their citizens no matter where their citizens were located in the world . Any assertion of such ...
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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 |