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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... rules over the domestic affairs of that portion of the world's territory acknowledged by other national states as the state's own.16 As Rogers Brubaker has noted, states are membership organizations.17 Liberal democratic states exercise ...
... rules established by the Insular Cases—early- twentieth-century decisions of the Court regarding federal power over territories acquired after the Spanish-American War—remain largely intact. Congress has the power to establish ...
... rules for members than nationhood. I suggest that the current Court's crabbed view of tribal sovereignty is based on concern about the exclusion of nonmembers from reservation governance, a racialized conception of the tribes, and the ...
... rules. Field's conception of the state as a sovereign exercising jurisdiction over territory—and recognized as such ... rule against extraterritorial application of law was not a constitutional command; it was rather an interpretive ...
... rules for its territory, but to apply automatically the law of country A would be to derogate from the sovereignty of country B to prescribe law for its courts. The solution at the turn of the century, usually identified with the ...
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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 |